E99 

.C6 U537 




ifiSii 


;• "w"':-S-\/ •»: %.^^'’-«-X/ • 


♦ V '^ • 


o aV-^ o 


0^ ^ ♦/Trr* A <". ^o*»♦ .0^ ^ 


» -4-’^ 


-Tifff*’ ^ < 


> ’’/'Zti^/T^yp'♦* -0 ''* 

"V ••'’**Q^° ,.- '‘.To’ ,« 

- tr^/ :f^^- -- -v ‘ 


bV 

4.0-n#-. 




. o 
« 


A ’<;. ^o.»* «Cr ^ ^^5. • * A ’<:^ 'o.»* A<y 

^ A- ’^> ^4 




L%0', 


O ^ * 

♦ ^O • 1 ,v^- 

A'^/ tit* * • » ' * 

< > f ’ • \0' - * 

■" \/ /- 



„V ... V ‘^’ <«>* 

v % Lyw ♦ ^ V 

^ ^4^ <ii 

' .'i 

ov//™- .C.-i'V 


A Q, 


*4-^’ O A® ‘'4*0’ O 

,> V ***®- aO^ *L!aLl* V *1*^* 


.<3 vf> 

' ,0^ ts '‘?x>' A <. *'..»*^ ..O*" \,"*y^'' A <, 

^0* 0 ® * * ♦ *^0 •*’**♦ ft ® * * 4 ^ ^ 




A 


to '?“ v' ol*’. %. V5^ .i:;T', t' v' 

k” \. ^ *^^'* ti. A*^ *>vVa’‘ c,‘ 2'^ ‘‘^^fe'* to. ^ 

%t tr>$’ 'oaP^' •^MM'‘ toO.’ ..SP^' t><v 

iV.* 


A 
^V 




'^V 




' a <;, *'••‘'‘^.*0^ t:> A <. *'«.»■** ,0^ ta 


^ ^xWvCar ’ N ^ ^^y/tlfJSD ^ /v 4A4 ®^vl\\vvV* » *“ '^>vW//^r 

% ‘^•* / % '‘!^* A ^04. '^•’ 

> v' *'•». ^ A*)'^ .TIT'. > V' .'•»- ^. 

,', A o'^^^aV tf>„ At .*«^Ss'. to. a'*' *>Va:‘ A* 


bK 






? * 'Co ** ^^(lljll^^ o aX^’'^ • c.^ ’* •> \V*^ 

0 * ,/ V a'^ ’-^K* A 

'Cl, <A '«•*'* aO^ A tf 

^0^ ^ "C^ (-0^ **''***/ 


a'”V 


^°tK 4.0-n^ 

■*V ^ .. ’^tv**'"'’’* ^ **•<’•’^oO 

aO V V «>♦•». , 0 ^ %*VT*^* 

^ 4 - ^ H Vy^VVTT^^vvVv ^ ^ ^ ^ v'''^v^l^*“*SV>oA ^ 




oV 
jP 




"w WX' ■ 


❖'■tf. 


- a'' .'A*i:. V AoX’^ik?. X. .v' AiT-.Xo .. 


.^tfi 


.{.•1 to 




* .V ^ 

• 




♦ * - 0 » O • 

> V • ’ • 




■rrr. ’ ^.o\.. ^ '^•- y^ 

./ V . •™* ./\. •.®* 


> ^ •Jvl 

<VVt’ A <,'»." 

• ’^ * • ^b ^ • ‘' •« ^ 

■ '^ W* ♦>»«??.- 



' ♦ O 
« n*' 





•'i 


o^ *^TVt' A 


♦ •>' 


•*? * 

V c,^ . * 







^ O 

A 'o » 4 • .O’ " 0 ^ 

‘■ rig.-/ V 0»^.^.>o 

..«^. .jSS 5 ~.. 







A O 'o.** . 0 ^ - 

•4* .1^^. 0°^ "*0- 


'»bV^ 


\0 vv 

• ' <:L^'’' O ..0 % 

^ o *'.,,• aO ♦,; 

\r ♦!, • ®- aO^ 






.•\/ %.‘^‘^'\o'> 

V ♦’••- CV aO^ * 

^ .s;-- '\ .-•. \'"‘ ,0^ .-•. '\ '‘*‘> .‘'•. 

,v^*. ;^^*. ■ ■" 

t.‘‘■Tr;'‘%o'’ \'*.^*’A %‘^‘^%o'^ \*»... ^v 

^ A.V ••VL% V V ♦»*o* .0^ V^ 

• e. « -. A ^ -r^* /,V 





' 

V' • 


O^ ♦/^» A <» ^0'' ® 

'- V \p ><< '^. 

: A o^ 



O' V 


♦ o ^ 

•. '^ **"®* '' 4 ^ 

* • ®- aP * 1 ^% V •:. • ®* ^ 

A^ ®y 

V '^ • ^ ■• V '^ • 




'»b ' 


•■•»’•' .O’’ 

'❖«. A V »j 

V\^ • 




, '<5#>„ z ^lSr . '^t. A .‘j 

• ^<V .llS 


4 <3U^ ^ _ 

'•♦■** .. % *'^* 

C® ^O .^1 ''^- 



® A^*^ ® 




'b \^ •*••* 4 ^ »i!ri.f» V •1**' a‘)'^ • 


^ <f % 

, Xti 4 ' <??»Vlf*.» 




O. ^ # t • aO 





t 

I 
















♦ 


/ 




M 


% 


€ 



'll 

$ 


itM 







i i 


1 *' 








4 




. k 


I 



i: III 




/ 




^1 


Li .S. Il e p dL ri: n) e n't oi i i i i tL-r i o'r 

M ' ^ 

n E OUT 


OK 


COMMISSIOX APPOINTED BY THE SECRETARY OF 

THE INTERIOR 


TO 


invp:.stigatp: certaix charges against non. Ef p. smith, 

THE COMMISSIONER OB" INDIAN AFBWIRS. 


1 S 



















.1 


,Cl^li3i7 


ty 




I« 




i 


■• j •. 




'll 


'mV 

i 
% 




«>if ti 

K ■ 




a 


1^1 


.•■;i 



V 



I 






Ti: o R . 




WAiiJumvi'O^, Fthriiary 2,1874. 

8ik : liy your letter of November 8, 1873, tlie iiiidersiffiied were ap- 
])oiiited a eommission to investigate certain charges made against Ed¬ 
ward P. Smith, now Commissioner of Indian Affairs, in regard to a con¬ 
tract made by him wliile agent of the Cliippewa Indians, in Minnesota, 
for the sale to A. H. Wilder, of Saint Paul, of a large quantity of pine 
timber, on what is known as Leech Lake reservation, to the effect that 
said contract was fraudulently consummated, and that the accused had 
some interest in it. ('onnected with the charge was the allegation that 
the timber was sold at a greatly inadeipiate price, and that a large iior- 
tion of it was actually given away. 

The commission was instructed to proceed at once to make a thorough 
and full investigation of the subject referred to; and also, if in the 
i'ourse of their investigation they sliouhl arrive at the conclusion that 
the charges had been made without sullicient cause, to proceed to in¬ 
quire into their authoi v^hip, and ascertain, if possible, the reasons actu¬ 
ating the party or ])arties making or (*ausing the same to be made. Py 
a siibsequent letter of the date of November lb, 1873, the Hon. Sec¬ 
retary, at the request of the accused, directed the commission to make 
thorough and full investigation into all matters touching the ollicial 
i actions of Mr. Smith while Indian agent in Minnesota, concerning 
which any respectable man should be found to make any (iomplaint. 

Having com])leted the investigation in accordance witb these instruc¬ 
tions, the undersigned, referring to the Journal hereto attached for a 
detailed account of their proceedings, have now the honor to submit a 
re])ort of the facts elicited, aud their conclusions in reference to the 
same. 

The charges referred to, however or wherever originated, appear to 
have been first published at Saiut Paul, ^Minnesota. 

The commission, therefore, having reported at Washington for instruc¬ 
tions, determined to commence their labors at this city, as being the 
most convenient with reference to the residence of witnesses as well as 
the subject-matter to be investigated. 

Having on the 22d November, 1873, notified the publisher of the news- 
])aper in which the accusations had appeared, of their appointment to 
* investigate these charges, aud of the time and place of their meet- 
i!ig, the commivssion assembled at Saiut Paul ou the 28th of said 
month. A similar notice was also sent on the 24th November to Mr. 
Wm. Welsh, of Philadelphia, suggesting that, as it was understood he 
was in imssession of facts material to the investigation, it was desired 
that he should be present at the time and place mentioned to give evi- 
<lence before the commission. Notice was likewise published in the 
])ai)ers of the city of Saint Paul, of the fact of our apimintment, the nature 
of the investigation we were conducting, with a request that all persons 
cognizant of facts material to the same should ai)pear and give testi¬ 
mony bel'ore the commission. 

The Journal of our ])roceedings will show the facts connected with 
the appearance of Mr. Welsh and the publisher of the newspa])er al¬ 
ready referred toj by their attorneys, the delays occasioned by their re- 



4 


(jiiest to allow time for the preparation of the ehari[>es. the liling’ ot the 
chari’es by Mr. Welsh, the fnither delay granted at the recpiest of his 
attorneys to arrange their evidence for the hearing; and the fact that 
at the expiration of this time these attorneys, by written commnniea- 
tion, announced that they had determined not to proceed with the in¬ 
vestigation, alleging as a reason fora conclusion so extraordinary under 
all the circumstances connected with the indulgence granted them, that 
the commission had no authority to compel the attendaiu'e of witnesses 
and the production of papers. 

Understanding the purpose of the Secretary of the Interior to be a 
full and fair investigation of the charges referred to, and that the interest 
of the service as well as justice to the party accused demanded it, the 
commission resolved to proceed to the duties assigne<l. 

Not being able to procure information in any tangible form of accusa¬ 
tions made by any party against Mr. Smith other than those S])ecitied 
in the charges tiled by Mr. Welsh on the (Itli of December, 1873, and 
the accuseii having, at our suggestion, tiled his answer to the same, tlie 
commission resolved to proceed with the examination of witnesses and 
documents material to the issues thus presented. 

In directing the issuing of subpcenas for witnesses, it was our ]uir- 
pose to select the persons most likelj^ to be informed in regard to the 
facts upon which the charges were based; and, in nearly every instance, 
the selection was made without any ])revious information as to the 
character of the testimony to be elicited. 

Besides these disinterested witnesses, the commission examined, under 
oath, the parties accused, Mr. Smith voluntarily oilering to be sworn 
for this i)urpose, and it is believed that the testimony (a true record of 
which is here reported) will show that these witnesses were fully and 
thoroughly interrogated as to all matters bearing ui)on these charges. 

The charges filed by Mr. Welsh are as follows : 

First. Agent Smith, about August 12, 1872, contracted with P. Clarke for a large quantity 
of pine timber, belonging to the Oak Point Chippewas, under the avowed authority oftho.se 
Indians, but without making their ap})roval a part of the contract, and without allowing a 
sufficient time for the bidder to visit the reservation and ascertain the value of the timber. 

Second. Although the approval by the Indians was not a part of the contract, yet E. P. 
Smith sent the following telegram to F. P. Clarke, care of R. J. Baldwin, from Aiken. Min¬ 
nesota, October 14^ 1872 : 

“ The Indians at Oak Point deny giving their chief authority to negotiate the ]>ine.'. The 
chief confesses to the same. This seems to nullify all proceedings in relation to the same. 

'‘E. P. SMITH, 

[45 cents Government rate.] 

Agent Smith is thus understood to cancel a contract that he had made, without consTilt- 
iug with the authorities at Washington. The following extract from a letter I'rom Con.unis- 
siouer Smith to me, dated at Washington, November 26, 1875, gives his version of it: 

“At the annuity at White Oak Point, the chiefs went back on their request to sell their 
pine, and slated that they had never made it. As I had no authority, at that time, to sell 
except on the consent of the Indians, this want of consent, on their part, nuliified the con¬ 
tract which I supposed at that time would be approved by Commissioner Walker. I so no¬ 
tified Mr. Clarke by first telegraph station reached after making the payment. Commis¬ 
sioner Walker’s disapproval reached me by mail the next day, October 15, at Brainard. hav¬ 
ing been forwarded from my headquarters. White Earth.” 

Agent Smith thus undertook to cancel the contract that had been completed, although 
he avers that he did not know ot any higher offer, and had no intercourse of any kind 
with Mr. Wilder, the new bidder, until the following day, when he reached Brainard, where 
he received Commissioner Walker’s letter of September 13, (or thereabouts,) notifying him 
that A. H. Wilder had offered ifil.fiO for the same pine timber, and authorizing Agent Smith 
to contract with Wilder, if no better can be secured by further advertisement. The cancel¬ 
lation of the Clarke contract, under the circumstances, seems so improbable that I trust the 
commission will investigate the facts relating thereto, and especially if there was any pre¬ 
vious intercourse between Wilder and Smith, which seems probable, as Smith announced 


5 


piih’icly that tlui Clarke contract was cancelel solely l ec in.> e Wilder had made a hi^rher 
offer; never, that I heard of, in any way referring to his telegram to Clarke until I put the 
direct (piestion to him, November‘2H. 

Third. Agent Smith acted without authority of law in making the foregoing and other 
contracts for the sale of largo bodies of pine timber, which is real estate, and cannot be 
disposed of witbout the authority cf Congress. 

Fourth. Agent Smith did not cancel the contract made with Merriam for Ked Lake and 
Pembina pine, at oO, although Clarke offered Sd for the same, and Commissioner Walker 
cave him authority to contract with Clarke, if no belter could be done by advertising for 
proi>osals. Here is a double wrong; not advertisitig, as suggested by the Commissioner of 
Indian Affai’'s, and refusing the higher offer b}’ a man whom he had wronged by canceling 
the White Oak Point contract before he knew that any higher offer had been made. 

Fifth. Agent Smith Avrongfully, and, as it is believed, fratidulently, contracted with A. H. 
Wilder, on November 8, 1^7*2, for a large body of pine tind)er at a rate tar less than its 
value, say ^l.lb per thousand feet, without advertising it, and with the knowledge that the 
Indians had refused to assent to the sale of their pine timber. E. P. iSmith asserts that this 
contract was made by Commissioner W'alker, while Mr. Walker states that he assented to 
it without knowledge on his part, and stdely because of his confidence in Agent Smith. 
Said letter shows that Agent Smith kept from Commissioner Walker, as he did fiom the 
}»ublic, the tact that the Indians at Oak Point had refused their assent to a contract for 
the sale of their timber. Mr. Smith has publicly asserted that the Indians had never been 
conferred with about the sale of timber ; that be intended to confer with them, but had not 
time owing to his promotion, and that be had asked his successor to confer with them. 

Sixth. Agent E. P. Smith wrongfully, and, as is believed, fraudulently, attempted,on two 
or more occasions, to induce Agent Clarke, of the Missouii Chippewas, to cancel a contract 
for the sale of pine timber he had made October 2, 1872, with Rust. Wilder writes to Agent 
Clarke, under date of December ti, 1872, in substance as follows ;» 

“ I forwarded you a few days since, through Major E. P. Smith, my proposition. I now, 
at Major Smith’s suggestion, send a contract signed by my.self.” 

Testimony on this bead can be had from the late Agent Clarke, now in the hosjiital at 
Saint Paul, or from the Hon. Henry M. Rice, who, 1 believe, has the correspondence in 
possession. 

Seventh. Agent E. P. Smith wrongfully, and, as it is believed, fraudulently, conceited 
1 with the Rev. E. Williams, Gen. Charles Howard, Agent Clarke, and B. S. Simmons, of 

(’onnecticut, at Chicago last spring, say in March or April, for the sale to B S. Simmons, 
of Hartford, of a large body of pine land on the Lac de Flambeau reservation. Clarke, 
Howard, or Williams can testify that Smith not only united in the negotiation, dictating 
the terms of the contract, but also gave Clarke reasons that he might assign for that fraud¬ 
ulent transaction. This pine timber had not been advertised for sale, and could only be 
disposed of in direct violation of a law of Congress authorizing the removal of the Chip- 
]>ewas from the Lac de Flambeau reservation, and indicating the mode by which the land 
was to be appraised and sold. If you will examine Commissioner Smith he will testify, as 
he did to me two days since, that ho endeavored to get this contract approved after he be- 
canm Commissioner of Indian Affairs, and that ho w as only hindered by Congressmen from 
Wisconsin, who opposed the sale without advertising. The parties who concocted the 
fraudulent sale managed to keep it a profound .secret until Agent Clarke divulged it, be¬ 
cause of conscientious convictions of the wrong into which he had been betrayed by others. 
By examining the late Agent Clarke or the Hon. H. M. Rice, you will get a copy of the 
contract or of the letters written by Agent Clarke wben he sent it to Washington for ap- 
j)roval. Colonel Clum, chief clerk in the Indian Department, and the other clerks, searched 
in vain for this contract, or for any trace of it, or for the letters of Agent Clarke which he 
wrote to the Indian Oftice in relation to it. Conimi.ssioner Smith, wdien fpiestioned by me 
tw'o days since, said he did not know’ what had become of the contract or of Clarke’s letters 
in relation to it. 

As your commission desires to reach the truth, whether obtained equitably or legall}', I 
have-not thought it wise to put these charges in legal form. 

This is the first draught from dictation ; and they could have been put much more strongly 
by tbe examination of papers in my pos.se.s.sion. 

It is a very painful duty to me, as I had a stronger personal interest in the party charged 
‘ with wrong-doing than either ot you had. 

Yours, very respecttully, 

WM. WELSH. 

It will be observed tlitit by tlie lirst ebiirge two objeetions jtre loadt* 
to tlie eontraet entered into by the respondent for the sale to F. F. 
Clarke of what was desijinated as the White Oak Point pine, to wit: 

First. That while it was made on the avowed authority of the Indians, 
their ajtproval was not made part of the agreement. 


6 


In lefcrence to this, we have to say that we have not been able to 
learn tliat there was any law or practice of the Department re(iuiiin.i>* 
such apinoval to be incoiporated in the contract, or that any injury 
could result from its omission; and certaiidy tlie lacts in relation to 
this transaction, as detailed by the evidence, show that no harm was 
done or intended. 

In regard to the other objection, to wit, that sufficient notice was not 
given, the testimony shows that publication was made in the newspa¬ 
pers for nearly four weeks, giving ample time to inform all the lumber¬ 
men and timber-dealers accustomed to handle pine in that country. It 
also appears that such dealers have the means of informing themselves 
as to the character of the timber, its location with reference to lakes 
and streams, for driving, &C., from t)arties who, as professional explor 
ers, are fully informed in such matters. It was not, therefore, necessary 
to allow time for these exidorations alter the lirst publication of notice, 
which might have required several mouths, while the condition and ne¬ 
cessities of the Indians reciuired the most expeditious arrangement con¬ 
sistent with a due regard lor the protection of their rights. There is 
nothing in the testimony to show, that in making this contract, the re¬ 
spondent had any other purpose than the promotion of the best interests 
of the Indians; aiql, indeed, the facts disclosed satisfy us, as we think 
they will every iinprejudicecl mind, that he could have been aiduated 
by no other motive. 

The third charge contained in the specilications filed by 3Ir. Welsh 
alleges that “Agent Smith acted without authority of law in making 
the foregoing (Wilder) and other contracts for the sale of large bodies 
of pine timber, which is real estate, and cannot be disposed of without 
authority of Congress.’’ This specification is in the main a statement 
of what the prosecutor supposes to be the law, and does not contain spe- 
citic allegations of matters of fact charging the defendant with miscon¬ 
duct, unless it be assumed that the sale of the pine timber in question was 
made under such circumstances and knowledge of the law and facts that 
its illegality was so glaring and palpable as to induce the conclusion that 
the party charged, with fiauduffint intent, or regardless of his iilainduty 
in the premises, made,or advised the contract to be made. In this view it 
appears to us proper to state certain facts that must have been known 
to General Walker, who agreed upon the terms of the contract, and to 
My. Smith, who advised its execution. Contracts for the sale of pine 
timber as an article of commerce, independent of, ami without the sa’e 
of the land producing pine have been repeatedly made ever since the 
increase of population and business in Minnesota, and the facilities for 
taking it to market have created a demand and rendered the busiuet s 
protitable. To such an extent has this business been conducted that 
the legislature of the late Territory of Minnesota provided by law for 
the appointment of an officer called the surveyor-general of logs and 
lumber, whose duty it was, among other things, to scale the logs cut in 
the pineries or in the booms into which they were driven, so as to as¬ 
certain for the purchaser, and for the land-owner and lumbermen the 
amount of logs actually cut iqion any given tract, or marked with any 
specific mark ; such measurement being evidence ot the quantity cut. 

Provision was also made for the recording (in the office of the sur¬ 
veyor general) of the marks placed upon the logs of the different op¬ 
erators for the benefit of the land-owner, lumbermen, or material men, 
the record of which protected the party in whose name it was re¬ 
corded in their ownership of or lien upon the logs. This legislation 
has been revised and will be found, as at present in force, in the general 


7 

statutes of the State of Minnesota, collated in 1 SCO, under title of “ Lo;.s 
and Lumber.’’ 

Contracts of this kind have been repeatedly made, and, indeed, it is 
the practice of the State of Minnesota to dispose of the pine timber 
upon the school, swamp, and university lands belonging to the State, 
granting permits for that purpose according to the universal practice, 
and charging so much per thousand feet without disposing of the 
lamls upon which the pine is grown. The same practice has been fol¬ 
lowed by the land-grant railroad companies owning i)ine lands in said 
State; and an examination of the files of the Indian Otiice will 
show that like sales of pine have been made from time to time for th(^ 
benefit of the Indians upon the Indian reservations in ^linnesota and 
Wisconsin. 

One of the earliest of these transactions is a sale of the pine upon 
the reservation of the Kabbit Lake Chippewa Indians of Minnesota, to 
I). 3Iorrison, now of Minneapolis, which appears to have been aj)- 
I)roved July MO, 1800, the consideration to be paid being secured to the 
Indians interested. AVe observe, by the papers on file in the Indian 
Office, that this contract w^as sanctioned and recommended by the lion. 
Henry AI. Itice, who appears to have been deeply impressed that such 
sales were legitimate and necessary for the support and benefit of the 
Indians. Air. Kice is therefore entitled to the credit, to a great ex¬ 
tent, for the inauguration of the iiolicy now comiilained of. Thus it 
will be seen that the policy of the Department, of the State of Alin- 
nesota, and generally of the owners of pine timber land is to sell the 
pine under stumpage permits, without disposing of the land, the pur¬ 
chaser having a license to enter for the purpose of cutting and re¬ 
moving the timber, without acquiring any interest in the soil. 

The reservation in rpiestion containing large bodies of pine, the 
greater portion of the land being unsuitable for cultivation, it became 
a question with (Commissioner Walker and Agent Smith as to whether 
the pine in (piestion should be used as a means of su])port for the In¬ 
dians, and the Treasury of the United States relieved to that extent, or 
whether it should be allowed to remain unproductive and useless. This 
land was set apart by the treaty as a permanent home for the Indians, 
and as the portions covered with pine could neither be cleared, if fit for 
cultivation, nor used for their benefit if unfit, without making some dis¬ 
position of the pine, it is clear that this timber must be disposed ot 
separately from the land, as the area of the reservation cannot be re¬ 
duced until the xirovisions of the treaties existing with those Indians 
are so changed as to authorize it. Whatever title the United States 
may have is held in trust, and the (rovernment is the trustee or guardian 
of the Indians so far as this property is concerned. Keeping in view 
the commercial character of the article in question, and the faiMs 
aforesaid, which are presumed to have been known to tlie parties to 
the contract, it is not so clear as the prosecutor supposes that the 
]une in question constitutes real estate, so as to prevent its disposi¬ 
tion without additional congressional legislation. That growing tim¬ 
ber, grass, vK:c., will pass by a convey’ance of the land without specially 
reserving them, of course no one denies. That, however, is not exactly 
the question jiresented in this case. 

As to whether growing trees may be disposed of by parol, and sev¬ 
ered from the realty as an article of commeriie without tleed, is a (pies¬ 
tion about which leariuhl Judges have differed; and Uommmis^ioner 
Walk(u* and Agent Smith may be excused if they have in fact excetded 
their authority. It appears to us that the weight of authority is against 


8 


Mr. Welsli's assumptions, and that tlie following proposition is sus¬ 
tained by the English and American authorities, to which we have had 
access, to wit: “If sold specifically, and if, by the terms of the con¬ 
tract, deliverable separately, and as chattels, such a contract of sale is 
not affected by the fourth section of the statute, as amounting to the 
sale of any interest in the land 5 and that the rule is the same when tln^ 
transaction is of this kind, whether the product sold be trees, grass, and 
other spontaneous growth, or grain, vegetables, or other crops raised by 
periodical cultivation.*’ (Brown on Statute of Frauds,3d edition,pp. 241 
to 240, inclusive; Evwis vs. Koberts, 5 Barn. & Cres., 829 5 Park vs. 
Stamlan, 11 East., 3G2; Smith vs. Suman, 9 Barn. & Gres., 5G1 5 Gain 
vs. McGuire, 13 B. Monroe, 340; Glafflin vs. Garpenter, 4 Mete., 580; 1 
Lord Eaymond, 182; Whitmouth vs. Welcker, 1 Mete. 313.) These au¬ 
thorities, and the rule deduced therefrom by Mr. Brown in his work on 
the statute of frauds, mainly apply where sales of timber are involved, 
to timber other than ])ine, and not possessing the same commercial 
character and value. The curious on this subject may also refer to the 
case of the United States t%s‘. Nathaniel Foster, decided by Judge Drum¬ 
mond, of the circuit court of the United States for the eastern district 
of Wisconsin in October, 1870, reported in the Ghicago Legal News 
of January 7, 1871, in which a sale of pine by Indians on their reserva¬ 
tion was held to give the purchaser such a title to the pine that an ac¬ 
tion of re])levin by the United States could not be sustained. 

In this connection it may not be imi)roper to consider the question 
as to whether the Department, acting as the trustee or guardian of 
these Indians, is legally bound to procure the assent of the Indians be¬ 
fore making a contract, or their ratification afterward. 

If jmevious consent is necessary, and the ward has the power to con¬ 
trol the action of the guardian, then it is pretty evident to us that the 
infiuence of local traders and others may be found potential enough to 
prevent the consummation of any contract that does not provide for 
their actual or pretended claims against Indians. 

The Ghippewas interested in these lands are divided into numerous 
bauds, there being no less than ten in all. 

Peoifie knowing nothing of the value of pine timber, and subject to 

the influence of local traders and others related to them by blood_fit 

instruments in the hands of designing and unscrupulous parties who 
may be interested in the prevention of such contracts, or any contracts 
not containing provisions that meet their approval, or desirous to 
restore the old order of things by opposing the policy of the Depart¬ 
ment—can hardly be expected to agree to any proposition, however 
beneficial to them, while subject to these influences. 

In view of these considerations, we think it iirobable that the onlv 
practicable course for the Government is to assume the responsibility 
of conducting these negotiations, and satisfying the Indians by an ex¬ 
planation of their terms and advantages after the contracts are made. 

This much, in reference to the legal question suggested, we have 
deemed it not improper to submit, in connection with its bearing upon 
the good faith of the accused, without intending to assume the decision 
of a question that more appropriately belongs to the law-officers of the 
Govern ment. 

The fourth charge preferred by Mr. Welsh is, that “Agent Smith did 
not cancel the contract made with Merriam for the lied Lake and Pem¬ 
bina pine at $2.50 per thousand, although Glarke offered $3 for the 
same if no better could be done by advertising for proposals.” To this 
Mr. Welsh adds, by way of comment, “Here is a double wrong—not 


9 


atlvortisiii^-, as siinoested by the (’(namissioner of Indian AlVaii’S, ainl 
lefiisino- the higlier offer, by a man wliom lie had wronged, by eaneelin]:^ 
tile White Oak Point contract before lie knew that any hij^her otter 
had been made.” 

In viowof the testimony bearing* upon this charo^e, we find itdillicnlt to 
understand why .Mr. Welsh shoidd be so careless in the statement of facts 
in connection with these <»rave accusations. As to the “ doable wronj;* ” 
here alleji’ed against ]Mr. Smith, Mr. Welsh oiyiJi'ht to have known that 
the bidder here mentioned is Mr. P. (Jlarke, and that the bidder for 
the pine at White Oak Point, ]\Ir. P. P. Clarke, was another individnal. 

^Ve have taken the testimony of N. P. Clarke, who made the bid for 
the timber included in the ^Nlerriam contract. This witness states his 
connection with the matter in substance as follows: Havin.i>: heard of 
tlie .Merriam contract, lie sent a telegram to Washington with an otter of 
])er thousand for the timlier therein mentioned. After making in- 
(jidry as to the (piality, location, and the market for this timber, he be¬ 
came satisfied that there was no money in the contract, and there¬ 
fore withdrew his bid, as he supposed he had a right to do, at any time 
before it was accepted. 

From the testimony of ^Mr. Smith it appears that the ]\Ierriam con¬ 
tract was ap))roved by the Commissioner while i\Ir. S. was in Washing¬ 
ton, and before he knew of the higher bid by Clarke; that the first no¬ 
tice he received of this Clarke bill was contained in a letter from the 
Commissioner awaiting his arrival niion his return to Minnesota, which 
required no attention, the other contract having been aiijiroved by the 
Commissioner, for the reason, as must be inferred, that the Clarke bid 
had been withdrawn. 

]\[r. Clarke also states that this timber is situated in the northwest¬ 
ern ])art of ^Minnesota, and has to be driven down the Ped Piver to 
-Manitoba and the British Possessions for market; that upon investiga¬ 
tion he became satisfied it was not worth the price bid by ^lerriam : 
and that he, Clarke, has no acquaintance whatever with IMerriam, and 
never had any communication with the respondent in regard to his bid 
or its withdrawal. These facts were within the reach of JMr. Welsh, 
and ought to been understood by him before filing these charges. 

The second and fifth charges we shall consider in connection, as they 
relate to the same subject-matter, to wit: the sale of the timber on the 
Leach Jjake reservation to A. JI. Wilder, being the matter specilically 
mentioned in our instructions as reipiiring investigation. 

The first comjdaint of jMr. Welsh in reference to this agreement is, 
That Agent Smith canceled the contract he had made with Clarke with¬ 
out consulting with the authorities at Washington. Jt will be observed 
that Mr. Welsh undertakes in this charge to give ns his evidence in 
support of his allegation, to wit, the telegram sent by Smith October 
14, 1872, to Clarke, notifying the latter that the Indians denied giving 
the authority to negotiate for their pine, and adding, “ this seems to 
iinllify all jiroceedings in relation to the same.” 

Py what reasoning the conclusion is reached that this notice to 
Clarke of a fact so material in a contract that was as yet incomplete 
and inoperative, because unapiiroved by the Department, was a cancel¬ 
lation of it, we are unable to con jecture. 

The explanation of the resiiondent, that it was intended only as a 
notice to JMr. Clarke, so that he might be prepared to meet the objection, 
and to avoid the expense that might be incurred under the contract, is 
not only consistent with the language used, but with the subse<iuent 
liistory of the transaction. 


10 


Mr. Welsh then gives an extract from a letter of respomlent in refer¬ 
ence to this denial of the Indians of consent, and repeats the charge 
that Mr. Smith annulled the contract before lie knew of the higher bid 
by Wilder, and then suggests that the cancellation of the Clarke con¬ 
tract under the circumstances “ is so improbable that I trust the com¬ 
mission will investigate the facts relating tliereto, and especially whether 
there was any previous intercoui-vse between Wilder and Smith, wliich 
seems probable, as Smith announced publicly that the Clarke contract 
was canceled solely because Wilder had made a higher bid.’’ 

iVIr. Welsh’s reasoning faculties are peculiar, and therefore we cannot 
always account for his deductions. The power to cancel this contract 
lay with the Commissioner of Indian Affairs, and we cannot understand 
how iMr. Welsh should be ignorant of this fact. 

The Commissioner by letter received by Smith after his dispatch to 
Clarke directed Smith to enter into a contract with Wilder; and this 
action, which set aside the Clarke contract, was taken solely for the rea¬ 
son of a higher bid, as stated by Smitli, while the dispatch to Clarke was 
based Holehj upon the denial of the Indians of their assent to the sale 
of the timber at White Oak Point. 

With reference to the Wilder contixud, which Mr. Welsh charges was 
wrongfully and fraudulently made at a rate far less than the value of 
the timber, the result of a patient and thorough investigation of all the 
facts connected with it, as detailed by the evidence, may be briefly 
summed up as follows: i\fr. Edward P. Smith, as agent of the Chippe- 
was in Minnesota, was located at White Earth, where a settlement of 
no less than one thousand under his superintendence was regarded as 
one of the most prosperous and hopeful in reference to their progress in 
civilization to be found within our borders. The means provided for the 
erection of houses and the purchase of implements and teams, and the 
support of schools, had enabled the agency to make such provision for 
the comfortable support and education of these people that their con¬ 
version from the condition of nomadic savages to that of civilized, 
Christian people seemed to be assured. 

Within the superintendence of IMr. Smith were included about four 
thousand five hundred Chippewas having proprietary rights in the 
Leech Lake reservation. These Indians seem to have been recognized 
by the Government as four distinct tribes, to wit: The Cass Lake, 
Winnebagoshish, the Pillager, and the Mississipin Chippewas. The 
Pillagers, so called on account of their predatory habits, were divided 
into three bands, living at as many different and widely separated locali¬ 
ties, to wit, Leech Lake, Otter Tail, and White Earth. 

The Mississii)pi Chippewas were in a like manner divided into five 
bands, living in different and widely separated localities, to wit, AVhite 
Oak, Gull Lake, Mille Lac, Snake Piver, and White Earth, makiiig jn 
all ten bands thus widely separated, having proprietary interests in tlie 
Leech Lake reservation. 

The testimony of all the witnesses, including the Chippewas. sub- 
p{enaed from White Earth, shows that all the Indians above mentioned, 
except those residing at White Earth, were reduced to extreme destitu¬ 
tion, and more especially those at White Oak Point, and the Pillagers at 
Leech Lake. 

The game was rapidly disappearing so that little else was available 
for food but fish and berries ; these Indians knew^ nothing of agriculture, 
and had neither teams nor implements, nor the means for procuring 
them to derive a subsistence from the cultivation of their lands. 

Xo ettbrts had been made to instruct them in agriculture or any other 


11 


industry. Tliuv were, in tiict, wild Indians, in tlie primitive condition 
of tile race, but dejirived of the means of subsistence, to wlii(;li tliey and 
their ancestors had always been accustomed. By the laws of the State 
of Minnesota these Indians had no ri^ht to be oil their reservation, and 
here, as tlie j;ame was nearly exhausted, it was obvious that there was 
no way of providing for their supiiort, to say nothinjj; of advancing’ them 
in civilization, without oiieniu^* farms and iiroviding for their cultiva¬ 
tion. The appropriations under treaties were wholly iiiade(piate for 
even a beginning in this direction, ami efforts to secure additional and 
adecjuate aiitiroiiriations had failed. 

It appears that these starving Indians, living uiionland that was thus 
unproductive, liad freipiently referred to the timber growing upon it. 
and impiired whether it could not be made available for their relief, ru¬ 
der these circunistances the agent (Minceived the idea of selling this 
timber, now wholly unjiroductive, that a fuml might be realized to ])ro- 
vide the means for the erection of houses, the purchase of stock and 
im})lements, and to establish schools, that these Indians might be plac(*d 
in the way of civilization, as had been done with those at White Earth. 

The Indians in that part of the reservation known as White Oak 
J^oint wm’e in the most pressing need of relief, and the agent being au¬ 
thorized by the Department to negotiate for the sale of timber with their 
assent, and having olitained such assent from those at White Oak Point, 
advertised for juojiosals, and finally, in pursuance thereof, entereil into 
a contract with F. P. Clarke (subject, as all such contracts are, to the 
a])proval of the Department) for the sale of the timber in this locality, 
which agreement, as we have seen, was suspended on account of the bid 
made by Wilder, not to the resjiondent as agent, but directly to the 
Commissioner at Washington. 

The charges we are investigating, based upon this transaction, as well 
as the many publications made in connection with them, are so loose and 
indefinite, that we are left in doubt as to wiiether it is intended to 
charge that these sales would, in any case, be a wnong which ought to 
be prohibited. 

If there be, in the Judgment of those in authority, any doubt as to the 
l)ropriety, nay, the absolute necessity of this policy, we feel (piite confi¬ 
dent that an examination of the testimony upon which the foregoing 
statement is ])redicated, will dispel such doubt. 

Indeed, unless Congress w ill provide by si)ecial appropriations for the 
pressing necessities of these people, it is obvious that any delay in real¬ 
izing from the sale of their timber, w ill prove disastrous to them. 

As an enlightened and Christian nation, w'e must regard every year, 
nay, every month of delay in the application of the means at our dis¬ 
posal for the civilization of these Indiaiis, as an inexcusable wrong ; but 
here, it is not only the withholding of the means of civilization, but ot 
the necessaiy means of subsisteiuje. 

This brings us to a more direct examination of the negotiations, result¬ 
ing in the execution of the (jontract for the sale ot the timber on the 
Leech Lake reservation, for the purposes here mentioned. 

The substance of the charge made by jMr. Welsh, although it is not 
stated in so many words, is that Agent Smith entered into a corrupt ar¬ 
rangement for the sale of this timber toWdlder, having himself an inter¬ 
est in the contract, or receiving some other consideration for his agCTicy 
in the transaction. A charge of so serious and grave a nature, shouhl 
(•(utainly be made oidy after the most careful consideration, ami upon 
such evidence as w’ould be suflicient to convince fair-minded mt*n lliar 
there was at h*ast a strong probability ot its truth. All men f)f character. 


12 


wlictlier in or out of office, are entitled to this nieasure of i>rotection to 
I heir ^ 00(1 fame. 

It will be observed that Mr. Welsh in this, as in his other accusations, 
has not only stated his Charlies, but has also furnished us with a i)ortion 
of the facts or evidence relied upon to sustain them; and we submit 
that, by a fair and well-known rule of construction, it is reasonable to 
infer that herein we have furnished, if not all at least the strongest, evi¬ 
dence in the possession of the party tiling the charges. 

31r. Welsh also directs our attention to the inferences that ought to 
be drawn from the facts furnished. Thus, in reference to the charge 
we are now considering, having arrived at the conclusion that there 
was a contradiction in the statements made by Smith in regard to the 
cancellation of the Clarke contract, he charges that Smith must have 
seen Wilder before sending the telegram to Clarke in regard to the 
withdrawal of assent by the Indians, and that, of course, this action 
w as corruptly instigated by Wilder. 

The commission have, as requested by Mr. Welsh, made a thorough 
investigation of this branch of the case, the result of which, as shown 
by the evidence, is that Smith never knew of the Wilder bid or his 
desire to purchase this timber, until the mail from Washington, con¬ 
taining the letter of Commissioner Walker, reached Smith at Brainard, 
on the 14th or 15th of October, the telegram having been sent to 
Clarke from Aiken before Smith left that ])lace for Brainard on the 
evening of the 14th. It is also shown that Mr. Wilder, who is proved 
by abundant and satisfactory testimony to be a man of high character 
and responsibility, never saw Smith, or had any communication with 
liim, until they met at Brainard on Smith’s return from the Mille Ijuc 
payment; at wffiich time, on being asked by Wilder if he had any com¬ 
munication from Wasbington in reference to his ])roposition, Smith re¬ 
plied that he had received at that place a letter from the Commissioner 
of Indian Affairs on the subject, but had not been able to give the mat¬ 
ter any attention, and could not therefore take any action at that time. 
And this was all that transpired, and that Avas the first jueeting of 
these two men, who are shown to have been strangers; nor had they 
any other or further interview in relation to this matter until they met 
at the Commissioner’s office in Washington. 

The agency of the respondent in the arrangement with Wilder, as 
shown by all tlie testimony, Avas therefore confined to AAffiat Avas done at 
the Indian Office in connection Avith Commissioner AValker and 
(General Cowen as Assistant Secretary of the Interior, and Avas in sub¬ 
stance as follows: 

After the preliminaries A\’ere settled in regard to the bid made by 
W'^ilder for the White Oak Point timber, embraced in the agreement of 
Clarke, and the contract was about to be com])leted with Wilder, Com¬ 
missioner Walker asked if the other Indians interested in the Leech 
Lake reservation avouUI not be dissatisfied as they wmuld be getting no 
. money ? Mr. Smith answered he had no doubt that they Avould. 
Whereupon, the Commissioner asked Wilder to make a bid for all the 
timber on the Avhole reservation, which was finally done, and the con¬ 
tract completed at Washington in the presence, and Avith the approba¬ 
tion, of Commissioner Walker, the Assistant Secretary of the Interior, 
(the Secretary himself being out of town,) and Agent Smith. At this 
interview Mr. Smith related, in ansAver to the inquiries of the Commis¬ 
sioner, the substance of the information he had in reference to this tim¬ 
ber and the facilities for driving it to market; and among other things 
stated that it frecpiently hap[)eued that the ice on Leech Lake did not 


13 


bivak up mitil tlu* middle of Maj’; that parties who had a year pr(*vi* 
ously bid *2.50 per thousand for selections of pine, to be made by them 
»)f the best eighty-acne tracts, had refused to complete their contracts 
and linally »»ave it as his opinion that the 81.15 for the timber of the 
whole reservation was better than 81.00 for that at White Oak Point. 

The respondent undoubtedly believed this contract a favorable one 
for the Indians, all things considered, as he now insists in his testimony 
before the commission. 

We suppose it ])robable that this oi)inion of the agent had an intln- 
ence iii)on the mind of the Commissioner as to the reasonableness of the 
price ; but the contract, with this exception, seems to have been a pn*- 
iect of the ('oinmissioner’s own conce])tion, and was entered into,on con¬ 
sultation with Assistant Secretary Cowen, upon his own judgment. 

It seems to ns, therefore, that there can be no reasonable ground for 
claiming that Agent Smith has been guilty of any wrong or even error of 
Judgment here, unless his opinion of the value of the timlxn’waserrone- 
ous. And this brings usto an examination of theciuestion, was the price 
agreed to be paid by Wilder a reasonable onef In this connection it 
must be remembered that this is a large contract, some of the wit- 
nes.s(‘s estimating the quantity of the timber at over 200,000,000 offeet^ 
and that the payments were 810,000 in advance, with 820,000 a year af¬ 
terward. It is also to be observ'ed that tire value of pine timber in 
.Minnesota depends upon two ])rinci])al considerations : first, its ciuality ; 
and second, its loc^jition with reference to the expemse in getting it to 
market. 

The best timber is that whicdi is suitable for the mannl'acture of the 
higher grades of pine lumber, which are very scar(*e and dear, selling 
as high as 815 per thousand feet, while common only brings 810 to 
811. 

As to facilities for getting to market, the best locations are on tho 
5Iississipi)i and such of its tributaries as are suitable for driving the 
logs. 

The timber embraced in the Wilder contract is largely of the Nor¬ 
way variety of pine, and so situated as to make the driving diflicultand 


expensive. 

The testimony shows that while good timber, favorably located, i> 
worth 82 to 8‘> per thousand, and even more, the inferior grades, or 
those with a large ])roportion of Norway, and unfavorably located, can 
be had at 81 Jier thousand, or less. 

Mr. Welsh, in a ])ami)hlet lately printed and sent to ns from riiila- 
deljihia, with his answer to our recpiest to ajipear before ns as a witnes>, 
.says, that a commission, of which one of onr number was a memlxu', 
reported the value of (certain pine timber in ^linnesota to be 82.5(> to 
83 i)er thou.sand ; and then draws the inference that this timber ought 
to be as valuable, while the fact is, that most of the pine in the ca.'ie 
referred to was eipial in quality and location to the best in [Minnesota; 
and tlie report will show, that the testimony i>laced the value of that 
jiortion situated nearest to Leech Lake at from 82 to 83) per acre. 

In fact, the commission to which Mr. Welsh refers, jiuts the value of 
pine lands embraced in the report, estimating them by the plaices real¬ 
ized by the (lovernment from sales in open market, at only 82.5P per 
acre. If the i)ine included in the Wilder contract was estimated by the 
same rule, the jirice agreed to be paid would be found to be an exceed¬ 


ingly liberal one. 

\Ve now refer briefly to the testimony of a few of the witnesses ex¬ 
amined upon this branch of the investigation. 


14 


MahloH Blacky who has been a usurvoyor, more or less ejiga^jed as an 
explorer of ])iue-lan(ls since 1854, and lias made an examination of the 
timber on this reservation with a view to its purchase, as late as 1871. 
This witness estimates the ejuantity of timber included in the contract 
at 150,POO,000 feet or more ; and after describing’ its quality, and the 
character of the lakes and rivers for driving the logs, gives ns the opin¬ 
ion that the whole of this timber, upon the terms and conditions men¬ 
tioned in the Wilder contract, would not be worth more tlian $1.10 ])er 
thousand feet. 

T. B. Walker, a lumberman, surveyor and explorer, who has been 
through this timber, and has had experience in getting logs through 
Pokegama Lake, tS^c., says the timber at White Oak Point will cost 75 
cents per thousand less, to get it to market, than that about Leech Lake, 
and would, all things considered, be worth 75 cents i>er thousand more 
than the whole timber embraced in the Wilder contract. This witness, 
who has been more extensively engaged for the last six or eight years in 
exploring pine-lands than any man in the State, gives it as his opinion 
that the Wilder contract, if carried out in good faith, is as good as could 
be obtained from lumbermen in Minnesota. 

Wm. P. Allen^ another surveyor, who hasbeeu ex])loring over this reser¬ 
vation, gives the vsame opinion as to the contract being a favorable one 
for the Indians. 

Wm. P. Ankcney., a large manufacturer of i)ine lumber, and a gentle¬ 
man of extensive experience and wide observation in this business, 
('oncludes his testimony in regard to this contract by saying, It might 
]>ay, or it might not; I should not think of taking it without there was 
money in it. There is always a large expense in a new country like 
J.eech Lake. I have had considerable experience in new countries. 
Those that come after, of course receive the benefit.” 

James Whitehead^ now a lumberman of Minneapolis, and who resided 
at Leech Lake from 1857 to 1867, and from 1867 to 1871 at AVhite Oak 
Point, says that he “would not be willing to do better than the Wilder 
Contract, and don't think I should like to take the contract off Wilders 
hands at the present time.” 

y. P. Clarke., a lumberman of Saint Cloud, who has been at Leech 
Lake and down through that lake, and Loech Lake Liver, the route 
this timber would have to be driven to the Mississipj)! to market, 
states that there would be a dollar per thousand in favor of the Oak 
IMint timber, on account of getting it to the market. He also thinks 
the i)rice i)aid by Wilder a fair one for the timber, and the contracts 
advantageous to the Indians. This witness also restifies that helms 
,pine as good and as favorably located as that embraced in the Wilder 
contract in the same part of the State, reipiiring to be driven the same 
route to market, which he offers for sah^ at $1 ])er thousand feet. 

Nearly all the witnesses testify that there is a liability to have this 
timber delayed until the second year in getting it out through Leech 
and Mud Lakes; and it is agreed by all that no timber lias yet been 
driven from this Territory, and therefore there is, as Mr. Ankeney says, 
a good deal of uncertainty about the business on this account, as well 
as the difficulty of getting and keeping supjilies there, on account of the 
deju-edations of the Indians. And the testimony shows that as this is 
a new country and subject to Indian depredations, a considerable allow¬ 
ance should be made for losses that may be anticipated from these 
causes. 

Thei e is, imbu'd, no witness, who ])retends to have any knowledge or 
experience in handling tijuber, whose testimony differs i'rom this view, 


15 


except that of F. F. Clarke, wlioseevidence, as recorded, we think will 
carry very little weight, and as heard in connection with the manner 
and ai)})earance of the witness would be entitled to still less. 

The testimony, as a whole, with the explanationsit furnishes as to the 
character of this timber beiii" between one-third and one-half Norway, 
and a largfe portion l eqiiiring to be floated through lakes that are large 
and subject to storms, where the logs have to be formed into rafts and 
towed through these lakes with steamboats, then the rafts broken up to 
drive the logs in Leech Lakelviver, which is a crooked stream reejuiring 
to be boomed to keep the logs out of the ‘‘i)ockets,” not only shows that 
there was here no such imuleciuacy of ])rice as to indicate any fraudu¬ 
lent puri)ose in those who i)articipated in the transaction, but does on 
the contrary, as we think, clearly establish the fact that this was, under 
all the circumstances, as fair and favorable a contract for the Indians 
as could have been secured then, or any time since, from any responsible 
dealer. Ly the letter of the honorable Secretary of the Interior we 
are informed that it has been charged that a large imrtion of the tim¬ 
ber was by the terms of this (‘ontract given away, and we learn that 
the same charge was made in the newspapers, and perha))s by ]\Ir. 

elsh, some time before the investigation was ordered ; and it ai)pears 
to have been based upon a false construction of that part of the agree¬ 
ment which provides that Wilder shall not be required to take or ])ay 
for trees under 14 inches in diameter, at 24 feet from the ground. From 
this the extraordinary inference seems to ha\ e been drawn, that such 
timber might be cut and taken away without being ])aid for. Hut this 
construction is not insisted u])on in the charges tiled by Mr. Welsh, and 
certainly eannot be by any lawyer, nor was it, in fact, ever thouglit of 
by ])ractical lumbeianen. as the testimony shows. 

Upon the whole case, therefore, after tlie most diligent investigation 
of all the eirenmstances, including the coiresi)ondence and ])ai)ers, and 
a careful and thorough examination of witnesses most likely to be in¬ 
formed in regard to the fa(4s (‘onnected with the transaction, the com¬ 
mission is of the ()i>inion that no fraud was i)raeticed in making this 
contract, either by ^Ir. Smith or Mr. Wilder; and that, so far as we 
iiave been able to see, the agreement is in all respects a fair one, and 
will, if honestly carried out, piove highly advantageous to the Indians. 

In connection with this (diarge, it may be proper to notice a state¬ 
ment made by 3Ir. Welsh, in tlie ])amphlet elsewhere referred to, to the 
effect that Kx-Commissioner Walker has written him that he ((leneral 
Walker) has no r(‘collection of being informed before the Wilder con¬ 
tract, that the Indians at White Oak Point had withdrawn their assent 
to the agreement with (.4arke. In answer to this it may l)e stated, 
tjiat a letter from Ag(*nt Smith, written from White Earth, of the 
(late of October 2.5, 1872, and filed in the Indian Oflice on the 2d 
Novembei’, six days before the date of the Wilder (mntract, gives the 
Commissioner full information in regard to this, and also states that 
the same matter had Irnen communicated by ^Ir. Smith to Mr. Clarke 
and Mr. Wilder. This letter, a c()i)y of which is hereto attached, (the 
original being on tile in the Department,) fully corroborates the state¬ 
ment of Mr. Smith, and shows that the recollection of (leneral Walker 
is at fault, which may well be ae(;ount(‘d for by the large amount of 
busim*ss that was daily ])assing through that olh(;e. 

The sixth charge of i\Ir. Welsh is tliat tlie respondent wrongfully and 
fraudulently, on two or more occasions, emhnivored to induce Agent 
S. N. ('larke to cancel a contract made with Lust for the sale of certain 
timbei’ in Wisconsin. This Mr. Clarke was, at the time our (commission 


ir; 


('Oinineiiced its session at St. J\iul, in a liospital, an<] left witliont onr 
knowledge. We a(;ei(lentally learned tliron^h j\Ir. W. ]>. Dean, \vl)ose 
testimony is here reported, that Mr. Clarke had gone to Colnmbns, 
Ohio, where, after considerable ditlicnlty, the commission succeeded in 
tinding him and obtaining his de])osition, fi’oni which it will be seen that 
he s(inarely denies the charge here made by ]\[r. Welsh. 

iMr. IT. M. nice, the other witness to whom we are referred, as will 
liereafter be seen, refused to appear before the commission to testily. 
In this, as in the other charges. Mi-. WiTsh directs the attention of the 
commission to the evidence relied upon to sustain it. 

A letter written by ]\[r. Wilder to Agent Clarke, under date 
of December 0, 1872, says: “1 forwarded you a few days since, 
through Major E. P. Smith, my proposition. I now, at Major Smith’s 
suggestion, send a contract signed hy myself.” Now, unless Mr. W>lsh 
had the fact firmly settled in Ids mind that both Wilder and Smith were 
unprincipled knaves, availing themselves of every ojiiiortunity to unite 
their efforts in schemes to defraud the Indians, and that therefore he 
had only to prove concert of action to establish the fraud, we cannot 
understand how he should get it into his head that these extracts proved, 
or tended to prove, any wrong against Mr. Smith. 

We must remember, in this connection, that ]Mr. Welsh knew, before 
he filed these charges, that this agreement to sell timber to Rusk, whicli 
Smith endeavored to stop, was believed to be at a greatly inadequate 
])rice, say, less than one-half its value. He also knew that Mr. Smitli 
claimed that this was his reason for attempting to prevent the execu¬ 
tion of the contract; and that action on this agreement was finally de¬ 
layed on a telegram sent to the Secretary of the Interior, by a jiarty 
wliose integrity as well as zeal in defense of the rights of the Indians 
^Ir. Welsh will hardly venture to call in question. The price proposed 
in the agreement Mr. Smith is blamed for attemiiting to cancel was 
$50,000 ; and Knsk, in consequence of the telegram sent to Washington, 
(the contract having been signed by Clarke and forwarded for approval.) 
was finally brought up to the i)ayment of $125,000 for the same timber, 
the time for cutting the timber and the payment of the additional 
$75,000 being extended. Aiul this amended contract with the addi¬ 
tional $75,000, awarding the pine fo .m/ae party, Mr. Smith recom¬ 
mended to the approval of the Dei)artmeut, as securing a clear gain 
for the benefit of the Indians of the additional sum, without ])rejudiee 
to their interests, as appears by his indorsement of a letter of S. X. 
Clarke to the Assistant Secretary of the Interior, of the date of iMarch 
17, 1873. 

It is strange that Mr. Welsh could not see that Mr. Smith, as a mem¬ 
ber of the Board of the American jMissionary Society, (to whose charge 
the Indians owning this timber were assigned,) if he believed their‘pro]>- 
erty was being sacrificed, should honestly interfere to stop the sale, and 
that for this purpose, an application to Mr. Wilder, or any other respons¬ 
ible party to make a better bid, would be the most reasonable and 
natural thing in the world. 

It would seem from the following letter from iMr. Welsli, addressed 
to the Assistant Secretary of the Interior, in reference to this contract, 
that he himself was in full sy.'ni)athy with the effort to delay it, until a 
better price could be secured, and that the plan adopted in the supple¬ 
mental contract, of allowing further time for cutting and removing the 
timber, was fully ap])roved by him : 


Tiuladelphia, Fehruary 1, 1S73. 

Drar (JIf.ner\ f.; If yon tliink tin Department is anthoiized to make the contract, and 


17 


that on the wliole it is wise, that scandal may bo avoided, do hold out tor $20,000 a year for 
five years. This is the only sate way, as the timber near the water-courses is tliemost valua¬ 
ble, and may be cut off soon. 

A guarantee often fails in the hour of need. The sale at $1 per thousand is cheap, and 
although payments are to be made in live years, yet ten may be allowed to take the timber; 
then the most difficult of access will be taken, instead of defaultingin the last payments. 

We must do what we can for the ludians. 

Yours, sincerely, 

WM. WELSH. 

General II. R. Cowrn. 

The facts tltiis detailed in evidence not only fail to establish the charge 
here preferred, but render it difficult to understand how Mr. Welsh could 
have b<‘en led into the suspicion that the respondent had been guilty of 
any wrong in connection with this matter. 

it will be seen that Mr. Smith testifies that he had a conversation 
with Mr. II. ^I. Ivice, (to wTiom Mr. Welsli refers us in connection with 
this charge,) and mentioned to him tliat the proposed side was at a grossly 
inadequale price ; to which IMr. Khje answereil that this made no ditfer- 
ence; that -SoO,!)!)!) was as good as 8ld()/)00 to the Imlians, as they would 
squander it in any event. 

Tliis brings us to the consideration of the seventh and last charge, 
which is, that ^Ir. Smith wrongfully and fraudulently concerted with 
Oen. C. H. Howard, Kev. E. AVilliams, S. X. Clarke, an<l 1). A. Sim¬ 
mons, (of Connecticut,) at Chicago, in March or A])ril, l.S7d, for the sale 
to Simmons of a large body of pine timber on the Lac de Flambeau res¬ 
ervation in Wisconsin. Clarke, Howard, and Williams, it is added, can 
testify that Smith not only united in the negotiation, dictating the terms 
of the contract, but also gave Clarke reasons tliat he might assign for 
that fraudulent contract, and “ that Commissioner Smith will testify (as 
he did to me two days since) that he endeavored to get this contract 
approved after he became Commissioner of Indian Affairs, and that he 
was only hindered by Congressmen from Wisconsin, who opposed the 
sale.” 

We are also informed that “the parties who concerted this fraudulent 
sale managed to keep it a profound secret until Agent Clarke divulgeil 
it, because of conscientious convictions of the wrong into which he had 
been betrayed by others.” 

The Commission has succeeded in getting all the testimony of all 
the witnesses here mentioned as having knowledge of this transaction, 
except that of Air. Kice, who, as l)efore stated, refused to aid us in the 
investigation of this alleged fraudulent scheme to wrong the Indians. 

The respondent swears that, as he was passing through Chicago, the 
Kev. Air. Williams introduced Simmons to him, and said that he (Sim¬ 
mons) desired to purchase some pine located within Air. Clarke’s agency. 
Air. Williams is pastor of the Forty-seventh street Congregational church, 
'Chicago, and a member, with Air. Smith, of the American Hoard of Mis¬ 
sions of that denomination. Simmons told Smith he had made an offer 
for the pine of a certain sum, and all the profits above such sum to be 
divided between him (Simmons) and the Indians.; tlie cutting to run 
through a term of years. 

In answer to this. Smith told Simmons and Clarke, who were to¬ 
gether, that no such contract could be made; that tlte (Tovernment 
could not think of entering into such an arrangement, and that it would 
be idle, tlierefore, to send such contract to Washington. 

Smith, as he now sui)poses, then suggested a proi)er form of con¬ 
tract, by which the sale might be made, if it were approved by the 
Covernment. That he went directly from Chicago to Alinnesota, where 

2 s 


18 


be learned of his api)ointment as Commissioner of Indian Adairs j that 
after he got to Washington, the matter was brought to his attention 
again, either by Simmons, or 0. H. Howard for him, and he declined 
having anything to do with it, not wishing to take the responsibility of 
selling pine in Wisconsin, except by public proposals and advertise¬ 
ment. The papers, he thinks, were withdrawn, because no agreement 
had been completed. 

In all material points, this statement is corroborated by the testi¬ 
mony of Howard, Williams, and Simmons, who detail the circumstances 
connected with the transaction in such a way as to leave no room to 
doubt the fact that Mr. Smith had no connection with the matter, other 
than that he was consulted by the parties, as he casually met them in Chi¬ 
cago, on account of his interest in the Indians, and information in rela¬ 
tion to such transactions ; that the papers were taken to Washington 
after he became Commissioner, by Generaf Howard on behalf of Sim¬ 
mons, for approval, to which application the Commissioner replied that 
this could not be done, as, on consultation with the Secretary of the 
Interior, it had been determined to sell no pine in Wisconsin without 
advertisement and proix>sals. 

It appears that he did not examine these papers, and that the same 
were taken away by General Howard, and returned to Simmons as he 
had directed. 

These witnesses all swear that they had no knowledge of anything 
wrong or improper in the proposed contract, or of any purpose on the 
part of any one to defraud the Indians in connection with the same. 
When to this is added the positive testimony of S. N. Clarke, that he 
had no knowledge or suspicion of any conspiracy by these parties, or 
any purpose by either of them, to wrong the Indians, it is hardly ne¬ 
cessary to add that the commission find the respondent entirely inno 
cent of the charge here made. 

In concluding this summing-up of the result of our investigation, we 
deem it but an act of sheer justice to the accused, to announce what is 
the unanimous opinion of the commission in reference to’ the same, to 
wit, that we are not onl}" satisfied that in regard to the matters al¬ 
leged in these charges he has been guilty of no wrong, but that, on the 
contrary, the testimony shows he has as to all things connected there¬ 
with been actuated by the purest motives, and the most commendable 
zeal for the promotion of the welfare of the Indians. 

Vie further observe that while we have been liberal in allowing time 
for presenting charges, and, as was publicly announced, not requiring 
technicality of form, it was, for obvious reasons, determined to confine 
the investigation to charges presented in tangible form to the commis¬ 
sion by parties professing their willingness to be responsible for them. 

Nor has any attention been paid to allegations made by Mr. Welsh, 
as to other matters since the filing of these charges. As he had full 
opportunity to make complaint as to all matters requiring investigation 
within his knowledge, it is to be presumed that he furnished us with all 
the charges he had any reason to suppose could be sustained. 

There remains to be considered the duty imposed by the last instruc¬ 
tion of the Secretary of the Interior, to wit: to inquire into the author¬ 
ship of the charges and ascertain, if possible, the reasons actuating the 
narty or parties who made or caused the complaints to be made. 

As already observed, the accusations, together with papers and doc¬ 
uments, copies of which had been furnished to Mr. Welsh, were first 
published in a Saint Paul newspaper, whose proprietor was represented 


19 

before the eoimnission by the same attorneys that appeared for ]\rr. 
Welsli. 

Mr. H. M. Kice, of Saint Paul, as already shown, had l)een referred 
to by Mr. \V(‘lsh as ])ossessed of papers and other information material 
to the investigation, in such manner as to indicate that these parties had' 
probably been in consultation in reference to cliese char«’es. Ami, as to 
Mr. Pice, we maj' observe that the hdter written by liim to the commis¬ 
sion, statin^- Ids reasons for decliniiptc to ai)pear as a witness, would 
.seem to indicate that he regarded himself as in some sense resi)onsible 
for tliese charges, and deeply interested in the result of their investi- 
“[ation. 

Amoiift' otliei’ thin^'.s, this jientleman volunteers to inform us “ tliat, 
in order to brino- out tlie whole truth, or so mucli tliereof as will clearly 
reflect the true state of the case, many unwilling' witnes.ses will have to 
be examined, * ♦ and that the whole testimony required to elucidate 

the true state of facts can only be brought out by a (mmmissioii having- 
full power and authority to compel the attendance of witnesses and the 
production of papers, and can ^ive ample time to those who prefer the 
charj.ies to i)rocure the required testimony.’’ 

What particadar interest this ^'entleman had in connection with the 
making of these charges, we do hot know, nor does he in this remark¬ 
able communication disclose why he should have any solicatude in the 
matter further than that his own testimony should bi* pro])erly taken 
and recorded. This he knew would be done, as our proceedings were 
0 ))en to the public, and the rei)orters for the papers of the city were 
l)resent each day, where all the testimony was taken in writing by com¬ 
petent and sworn ofticers. He also knew that the important documents 
of which he s])eaks would, when introduced in evidence, not only be 
tih‘d and carefully preserved, but published at large in these newspa¬ 
pers. Jt is, therefore, obvious that Mr. Pice had some interest in this 
matter beyond that of an ordinary witness. What could be the nature 
of this interest, or the considerations that should induce him to with¬ 
hold from this I)ei)aitment of the Clovernment testimony which he 
claims to be so material in the investigation of grave charges against 
a subordinate ollicer, we do not undertake to determine. 

This communication is written but a day or two after that sent us by 
the counsel of Messrs. Hall and Welsh,after making application for time 
to prefer their charges and make preparation for their hearing, and de¬ 
laying the commission for so many days for these purposes; and linally 
declining, for the reason alleged in the communication by Mr. Pice, to 
aid us in the pi-osecution of t!ie investigation. 

We cannot, in ei her case, by the utmost stretch of chaiitable Judg¬ 
ment, conceive it possible that these parties did not know that as full and 
atnple opportunity would be allowed them to present their case and 
procure the attendance of witnesses and production of paijers, as they 
could possibly expect from the congressional committee, which they 
profess to desire. They, and their lawyers also, know that the method 
of the investigation here adopted by the honorable Secretary of the 
Interior is substantially the same as that which has so long been 
practiced, and found most etlicient and satisfactory in proceedings in 
our courts, viz : the reference of cases to masters or referees, with in¬ 
structions to reimrt the testimony together with their conclusions upon 
the same. 

The witiH'.sses examined by the commission, as will be seen, are 
numerou.s, and reside in ditferent parts of the United States, from Cou- 
necticut to Minnesota, and although many of these gentlemen had no 


20 


connection wliatever with, or interest in, the transactions on which the 
charges are based, we have the satisfaetion of stating that not a single 
witness has objected to obeying onr subpoenas, save Mr. Welsh and 
Mr. Rice, who seem to have been thus influential in originating these 
accusations, and profess to be so familiar with the facts connected with 
the same. 

As to the production of letters and papers, these parties must have 
known that everything connected with the Gov^ernment oftices, of this 
character, was at our disposal. Indeed, the testimony shows that Mr. 
Welsh, himself, had the full run of all these oftices, and that the clerks 
at the department had been directed not only by the Commissioner of 
Indian Affairs, but by the Secretary and the Assistant Secretary of the 
Interior, to furnish copies of any documents or x^apers Mr. Welsh might 
desire. 

Wh}" these gentlemen, if their object was only to secure a fair and 
full investigation, to the end that justice should be done to all parties, 
should in answer to a proper and civil request from a commission hon¬ 
estly endeavoring to discharge a duty under the authority of the Gov¬ 
ernment, volunteer the statement that they were in possession of ma¬ 
terial and impoT'tant documents, an.d could give names of important 
witnesses, &c., and at the same time refuse to give the commission the 
benefit of this testimony and information, impartial men will find it 
difficult to conjecture, unless it was intended by such intimation to 
create a i)rejudice in the x^ublic mind against the accused. 

In answer to the communication sent to Mr. Welsh from this city, re¬ 
questing his attendance here as a witness, he has replied by a letter 
hereto attached, inclosing a printed letter, with an addr^^ss to the 
President of the United States, in which he has printed the letter above 
mentioned of his attorney’s declining to xmosecute the charges before 
the commission. 

Supposing it possible that Mr. Welsh did not proi)erly appreciate the 
construction that might be placed upon these documents, and in order 
to afford him every facility to present the testimony he professed to have 
to the commission, it was determined that two of our number should 
call uijon him at Philadelphia. At an interview which ensued, the de¬ 
sire of the commission to have the benefit of the material and important 
documents and other evidence mentioned in this ])rinted letter, and the 
Xmopriety of his furnishing it, was urged upon Mr. Welsh; and more 
especially was it urged that he could not fairly or justly withhold evi¬ 
dence which, in his letter to us, he insisted would, it' iflaced in our pos¬ 
session, compel us to ‘‘criminate Agent Smith.” But we regret to say 
that Mr. Welsh still declined, and seemed incapable of appreciating the 
gross injustice he was doing by this wholesale allegation of crime, while 
refusing to furnish the evidence upoJi which it is based, so that tbe ac¬ 
cused might have the opportunity of meeting it, and the Department be 
enabled, if the accusation was supported, to deal with the criminal as 
he deserved. 

But the sending broadcast over the country of these charges, not only 
against Mr. Smith, but other officials, in regard to whom he may enter¬ 
tain a suspicion, without regard to standing or character, seems to be 
indulged in by Mr. Welsh with as little reluctance or hesitation as if he 
were circulating the ordinary incidents connected with the public ser¬ 
vice. 

Thus,*in the printed letter above mentioned, which he seems to be 
circulating in pamphlet form, Mr. Welsh publishes the letter of his at¬ 
torneys to this commission, at Saint Paul, already referred to, but omits 


21 


the obvious act of justice of allowing’ the answer of the coiuiuissioii to 
appear witli it. 

Ill tliis letter, written by men ap])earin" as attorneys of Welsh, and 
by him now indorsed by its publication, tlie statement is made that its 
authors, from copies of letters and iiapers before them, were of the opi¬ 
nion that a thoroujj^h investigation by a commission, clothed with neces¬ 
sary powers, “ will reflect unfavorably upon the ollicial conduct of the 
secretary under whom you hold your aiipointment.” And in the same 
pamphlet Mr. Welsh makes the uncalled for, unjustihable, and false in¬ 
sinuation that the commission, as he infers from our answer to this let¬ 
ter of his attorneys, ‘‘are (luite content with the examination of jiarties 
to the contract, and others like-minded, allowing' the ])resenc(*, of the 
attorneys for the accused without having' any one present to conduct 
the prosec;ution.” 

Now Mr. Welsh knows that after the counsel were admitted to appear 
in behalf of himself and Mr. Hall, at the commencement of the session 
of the commission, .Tudge Palimu- was allowed to ap])ear as counsel for 
the a<‘(*used ; and he knows further that the reason why no counsel aj)- 
jicared on behalf of the prosecution during the ])rogress of the investi- 
gatjon, was because of the voluntary and unjustihable withdrawal of 
his counsel from the case, as already mentioned ; and he also knows, or 
should have known, before venturing to make such an accusation as 
this, that the commission had been diligent in the examination of all 
disinterested witnesses that they could ascertain had any knowledge of 
the matter under investigation. 

To the above Mr. Welsh adds the cruel imputation that he stands 
ready to make good the charges made against xVgent Smith or openly 
to retract them, “ and also to add numerous c.harges against his conduct 
as (Jommissioner of Indian Atfairs.” Such asi)ersions, emanating from a 
man less careless in his method of handling facts, would be adjudged 
atrocious. 

But we have thought it doubtful whether, under the circumstances 
detailed in the evidence, as they illustrate ]\Ir. Welsh’s mental ])eculiar- 
ities, his conduct should be thus seriously regarded ; and yet, it seems 
to us that he and his friends should reflect that, while the general pre- 
valem;e of this inexcusable i)ractice may, in the judgment of the men 
who mingle in the strifes of this busy life, render it c.omparatively 
harmless, there may be persons connected with parties against whom 
these shafts are aimed, with sensibilities so tender as to l)e unable to 
withstand their poison. 

This man is ever profuse in professions of confidence in the Presi¬ 
dent, of the United States. Then why, if his object be in good faith to 
bring about a reformation in the service, and to secure the dismissal of 
dishonest officials, does he not go to the President, and lay before him 
the documents which are claimed to be suflicient to procur(‘ the convi(;- 
tion of these officials ; or, why does he not go to the Secretary at the 
head of the proper Department, to whom he has been equally profuse in 
proti'ssions, and recpiest that he shall examine the (locuments upon 
which h(‘ bases these accusations? lie certainly must know, if his tes¬ 
timony is of the conclusive character claimed, the dismissal of the 
ofliclais accused would be instantly ordered. Why this ostentatious 
publicatiofi of a letter containing, as has been showii, such re(;kless 
as])ersions and false insinuations ? ♦ 

Among the many strange and unaccountable assumi)tionS of ]\Ir. 
Welsh is that of insisting thatsuch a commission as this, acting under the 
aiipointmeiit of the head pfa Department of the Government, and having 


22 


the aid of all the officers connected with it, with access to all the public 
documents connected with the official transactions to be investigated j 
having the marshal to execute process, and furnished with the means 
for defraying expenses of witnesses, and proper officers to take the tes¬ 
timony, must, in the nature of things, be utterly unable to procure proof 
of the guilt of the accused ; wliile he, without any official aid or author 
ity whatever, has been able to accomplish all this, and has now in his 
possession the testimony that will not only authorize, but compel 
conviction. 

We do not deem it necessary to add anything further in reference to 
the origin of these charges or the motives of those making them, the 
circumstances being so fully detailed by the evidence. 

The accusers have declined the opportunity, offered in the most 
courteous manner, and in the best of faith, to substantiate their charges. 
And yet, they continue the utterance of their coiuTdaints, coupled with 
insinuations that a commission with but a single member having any, 
and he but a short acquaintance with Mr. Smith, while three are stran¬ 
gers to Mr. W^ilder, and all being unacquainted with the otlier parties 
connected with the contracts mentioned, must be indisposed to do jus¬ 
tice to the prosecution. 

When this commission was appointed its members had no personal 
acquaintance with Mr. Welsh j they had heard of him as a citizen of 
Philadelphia, distinguished for liberal contributions to charitable ob¬ 
jects. They have, therefore, in the observations submitted in regard to 
his conduct in connection with the subject-matter of this report, confined 
themselves to what was believed to be strictly legitimate in view of the 
testimony, and necessary in the proper discharge of a painful duty. 

All which is respectfully submitted. 

N. J. TUENEY. 

JAxMES SMITH, Jr. 
W. K. JENNINGS. 

T. C. JONES. 

Hon. C. Delano, 

Secretary of the Interior^ Washington^ D. C, 




LIST OF PAPERS ACCOMPANYING THE REPORT OF THE COMMISSION. 

A.—Letter of the Commissioner of Indian Affairs requesting an investi- 
j^ation. 

1>.—Letter of the Secretary of the Interior appointin*? the commission. 

C. —Letter of the Cornmissioner of Indian Affairs requesting an enlarge¬ 

ment of the powers of the commission. 

D. —Letter of the Secretary of the Interior enlarging the powers of the 

commission. 

E. —Journal of the commission. 

F. —Testimony taken by the commission. 

0 .- 7 —Depositions. 

11.—The Wilder contract. 

I. —Letter of lion. Francis A. Walker. 

K.—Letter of E. P. Smith, Indian Agent, to Commissioner of Indian 
Affairs. 

J. —Letter of William Welsh to the President. [This letter appears in 

the journal of the commission on page 37.] 


A. 

Department of the Interior, 

Office of Indian Affairs, 
Waiilihiffton, J). C., October 24, 1873. 

Sir: In November, 1872, acting under instructions from the Indian 
Office as agent tor the Chij)pewas of Minnesota, I made a contract with 
A. 11. Wilder, of Saint Paul, for the sale of the pine timber standing 
upon Leech Lake reservation. According to the terms of this contract, 
Air. Wilder ])urchases all merchantable ])ine within three miles of driv¬ 
ing streams at the rate of .$1.15 i)er thousand feet, actual scalage; ])ay- 
ment to be made in sums of not less than S2(),0()0 jhm' year, whether a 
suflicient amount of pine to realize that sum is cut annually or not. 

Alerchantable pine” is detined as being trees not less than 14 inches 
in diameter, 28 feet from the butt No other than merchantable pine is 
to be cut 

The causes making the sale of this timber desirable and necessary for 
the best interests of the Indians had been frequently set forth by otlicial 
re])orts, and particularly by the board of visitors for the years 1871 and 
1872, who, according to treaty are seiit annually to these Indians to in¬ 
quire into their conditions ami necessities. 

There are seven bands of Indians, living at a distance of from one 
liundre<l to two hundred and tifty nules from eacli other, who have a 
l)roi)erty interest in this pine. Paich of these bands is more or less 
under the control of a set of men who live upon Indian barter, and 
«uch share as they can get from them of riovernment bencht. 

No contract could have been made, with tlie consent of these differ- 




24 


ent bands, that was not in accordance with the personal interest and 
wishes of these different sets of men. This fact would practically pre¬ 
vent any contract that would be advisable and beneficial to these In¬ 
dians. For this reason it was deemed advisable that the Department, 
as the guardian of these Indians, should dispose of their property-right 
to the best advantage for them, without consulting them as to what 
would be the proper terms of the conti'act. 

Unfortunately, before 1 had the opportunity to meet the Indians in 
council, and explain to them personally the action taken in their inter¬ 
est, I was relieved from my agency. But I took pains to have full inform¬ 
ation conveyed to them through mj^ successor. Agent Douglass, at the 
earliest day after his appointment. 

There have appeared certain statements regarding this transac¬ 
tion which seriously implicate my reputation as a CTOveruraent official. 
And in addition to the importance ordinarily attached to newspaper 
comments or irresponsible correspondence, these reports seem to have 
awakened some interest, and perhaps some suspicion in the minds of 
persons whose judgment and good opinion are worthy of consideration. 

In view of these facts, I respectfully request that the honorable Sec¬ 
retary of the Interior will make inquiry as to the facts in the case, and 
if deemed of sufficient importance, to appoint a commission to visit Min¬ 
nesota, and make inquiry as to alleged impropriety of conduct on my 
part as Indian agent of the Chippewas in the matter of the sale of the 
pine timber on Leech Lake reservation. 

Very respectfullv, vour obedient servant. 

EDW’D P. SMITH, 

Commissioner. 

Hon. 0. Delano, 

Secretary of the Interior. 


B. 


Department of the Interior, 
Washington, D. C., Kovemher S, 1873. 

Sir: On the 8th day of November, 1872, the present Commissioner of 
Indian Affairs, Hon. E. P. Smith, then agent for the Chippewa Indians 
of Minnesota, entered into a contract with A. H. Wilder, of St. Paul, 
Minn., for the sale to Wilder of certain pine timber on the Leech Lake 
Indian reservation, a copy of which contract is herewith transmitted. 

Charges in public prints and by private individuals have been made 
to the effect that said contract was fraudulently consummated, and that 
the present Commissioner of Indian Affairs has some latent interest in it. 

Connected with these charges is the allegation that the timber was 
sold at a greatly inadequate price, and that a large portion of it was 
actually given away. 

The Commissioner has requested the Department to investigate the 
truth of these allegations, as well as the entire matter connected with 
said contract. I have therefore concluded to appoint a commission 
consisting of yourself, Thos. C. Jones, and Nelson J. Turney, of Ohio, 
and W. K. Jennings, of Pennsylvania. 

The commission is requested to report at this Department, at the 
earliest day practicable, to be agreed upon by themselves, and proceed 
at once to make a full and through examination of the subject referred 



25 


to, and report the facts and their conclusions in writing as soon as 
convenient. 

If in tlie coarse of the investigation the commission arrive at the 
conclusion that the charges have been made without sufiBcient cause, it 
will proceed to inquire into the authorsliip of the charges and ascertain, 
if possible, the reasons actuating the party or parties who made or 
caused the complaints to be made. 

Your compensation will be $8 per day, and actual expenses incurred 
during the time of your engagement. 

The commission will select one of their number as chairman. 

Very respectfully, your obedient servant, 

C. DELANO, Secretary. 

James Smith, Esq., 

St. Paul, 


O. 

Depj\ktment of the Interior, 

Office of Indian Affairs, 
Washington, 1). C., November 15, 1873. 

Sir: lleferring to my communication of the liJth ultimo, relative to 
charges of fraudulent transactions on my part as Indian agent in the 
matter of contracting to cut timber on the Leech Lake reservation and 
suggesting the propriety of inquiry in the matter with a view to inves¬ 
tigating my conduct, if found requsite, by a special commission, I have 
now further to state that recent charges have been made in a Saint 
Paul paper of other official misconduct, and to re(piest that you will 
also instruct thiscommission to inquire into any matters touching my 
actions as Indian agent in ^Minnesota, concerning which any respectable 
man is found to make any complaint. 

Very respectfully, your obedient servant, 

EDWD. P. SMITH, 

Commissioner. 

Hon. Secretary of the Interior. 

[ludorseuient.l 

DEPART3IENT OF THE INTERIOR, 

November 19, 1873. 

Kespectfully referred for the consideration of the commission to in¬ 
vestigate charges of improper conduct against Edward P. Smith, Chip¬ 
pewa Indian agent. 

C. DELANO, 

Secretary. 


D. 

Department of the Interior, 

Washington, !>. (7., November 17, 1873. 

Gentlemen : Referring to my several communications to you, under 
date of November 8, 1873, in wfiich you were designated as a commis- 



26 


sioii to investigate certain charges against Hon. Edward P. Smith, 
Commissioner of Indian Affairs, in relation to a contTact made by him, 
with A. H. Wilder, for the sale of pine timber on tlie Leech Lake In¬ 
dian reservation, I have the honor to inform yon that I have jnst re¬ 
ceived irom the Commissioner of Indian Affairs a letter dated the 15th 
instant, copy herewith inclosed, in wliich the Commissioner says: 

I have now further to state that recent charges have been made in a Saint Paul paper ot 
other official misconduct, and to request that you will also instruct the commission to in¬ 
quire into any matters touching my actions as Indian agent in Minnesota, concerning which 
any respectable man is found to make any complaint. 

I have now the honor to ask that the investigation thus requested by 
Mr. Smith be included within the power and duties of your commission, 
and that you make full and thorough investigation, as requested by the 
Commissioner, into all matters touching his official actions while Indian 
agent in Minnesota, concerning which any respectable man is found to 
make any complaint. The Saint Paul paper referred to is denominated 
the Saint Paul Dispatch. 

Very respectfully, 3 'our obedient servant, 

C. DELANO, 

Secretary. 

Messrs. N. J. Turney, Thomas C. Jones, James Smith, and AV. IC 

Jennings, Commissioners, Washington, B. C. 


E. 

JOURNAL OF COMMISSION. 

Minutes of the proceedings of the commissioners appointed hy the honomhle 
Columbus Delano, Secretary of the Interior, to investigate charges against 
E. F. Smith. 


And now, to wit, the 17th day of November, 1873, the above-men¬ 
tioned commission, consisting of the Hon. N. J. Turney and Messrs. 
James Smith, jr., and W. K. Jennings, met at the office of the Assist¬ 
ant Secretary of the Interior, and after receiving commissions and in¬ 
structions, and consulting together, adjourned to meet at the office of 
the said James Smith, jr., in Saint Paul, Minn., on or about the 27th 
or 28th instant. 

And now, to wit, November 30,1873, the commissioners above named 
met at the office of the said James Smith, jr., in Saint Paul, all the 
members being present, and, after consultation, agreed upon publishing 
in the daily papers of Saint Paul the following notice of the time and 
place of meeting: 


NOTICE. 

The commissioners appointed to investigate and report upon the truth or falsity of certain 
charges made against Edward P. Smith, late agent of the Chippewa Indians of Minnesota, 
relative to a sale of pine timber to A. H. Wilder, and other alleged misconduct, are in¬ 
structed to make a full and thorough investigation in the premises, and to that end hereby 
give public notice that all persons cognizant of any facts material to such investigation are 
requested to appear and give testimony before said commission, which will meet at the office 
of James Smith, No. 76 Jackson street, Saint Paul, on Monday, December 1, 187:1, and 



27 


continue its sessions trom day to day during the week, and until such investigation should be 
concluded. 

November 21), 1H73. 

NELSON J. TUKNEY, 

W. K. JENNINGS, 

JAS. SMITH, Ju., 

CotnmissioncTS. 


The eominissioii then adjourned till December 1, 1873, (Monday,) at 
Id o’clock a. m. 


And now, to wit, December 1, 1873, the commission met itnrsuant to 
adjournment at the office of James Smith, Jr., esq. Present, all the 
members. 

George L. Otis, esq., attorney at law. Saint Paul, came before the 
commission and tisked leave to appear as attorney for II. P. Hall, esq., 
editor of the Saint Paul Dispatch newspaper, who desire<l to tile charges 
and specifications against E. P. Smith, tlie accused. 

The lion. E. C. Palmer, also of Saint Paul, desired to be permitted to 
represent the said accused as his attorney. 

Leave was granted to both gentlemen, and the commission then ad- 
j’ourned till the 3d instant, at 10 o’clock a. m., in order to give Mr. Otis 
time to prepare his charges and specifications, and at his recpiest. Be¬ 
fore adjournment a telegram was received from Secretary Delano 
announcing that Hon. T. G. Jones had been added to the commission. 

And now, to wit, December 3, 1873, the commission met pursuant to 
adjournment, at the usual place. Present, all the members. 

Hon. T. C. Jones appeared, with a commission from Secretary Delano, 
constituting him a member of the commission, and was admitted as a 
member of the board. 

A formal organization was then effected by the election of Hon. N. J. 
Turney as chairman, and W. K. Jennings as secretary. 

Hon. Jolin ^1. Gilman asked leave to appear as associate counsel with 
Mr. Otis, and informed the commission, ui)on such leave being granted, 
that they also represented Mr. William Welsh, of Pliiladelphia, Pa., 
and that owing to the non-arrival of certain papers, which Mr. Welsh 
had notihed them by telegraph had been forwarded from Philadelphia, 
they were not ready to jn’oceed, and asked a further adjournment. 

The commission granted his re<piest, and instructe(l him to ])repare 
charges as fully as possible by the next meeting, with the understand¬ 
ing that they should have leave to add, alter, or amend them at a sub¬ 
sequent time. 

Adjourned till the 4th instant, at 10 o’clock a. m. 

And now, to wit, December 4, 1873, the commission met pursuant to 
adjournment, at the usual place, all the member’s present. 

A communication was received from Messrs. Otis and Gilman, attor¬ 
neys for ^lessrs. Hall and Welsh, as follows: 


Saint Paul, December 4, 1873. 

Gentlrimkn: We are diligently at work upon the charges and specifications to be pre¬ 
sented to your honorable board, in behalf of the accusing parties, for whom we have ap¬ 
peared, but find it will be impossible to get them in shape to present with proofs to-day. 
We are also waiting the arrival of papers and documents necessary for use in the investiga¬ 
tion, and which we are advised are on the way by mail, and now think it will bo impossible 
to present our charges and be ready wiUi proofs before Monday next. In view ot the very 
short notice of your first meeting, we trust you will grant us this indulgence. 

Yours, respectfully, 

J. M. GILMAN. 
GEO. L. OTIS. 

The Hon. C OMMISSIONKHS to investigate charges, Sfc., against Hon. E. P. Smith. 


28 


This paper was marked Exhibit A, and filed. 

Mr. Otis being sent for, appeared in person, and at the request of the 
commission stated, in brief, the substance of the cliargesthat they in¬ 
tended to present. 

The commission resolved to adjourn from day to day to enable coun¬ 
sel for Messrs Hall and Welsh to proceed earlier than IMonday, if they 
could get ready. 

Adjourned till the 5th inst, (Friday,) at 10 a. m. 

And now, to wit, Friday, December 5, 1875, the commission met, 
pursuant to adjournment, atid counsel for Messrs Hall and Welsh, not 
being ready, adjourned till Saturday, the 6th instant, at 10 o’clock a. m. 

And now, to wit, December 6, 1873, (Saturday",) the commission met, 
pursuant to adjournment, and counsel still not being ready, adjourned 
till Monday, the 8th instant, at 10 o’clock a. m. 

And now, to wit, Monday, December 8, 1873, the commission met at 
the appointed time, and at the usual place, all the members being 
present: eTudge Palmer appearing on behalf of the accused. The fol¬ 
lowing communication Avas received: 

To the Honorable Nelson J. Turney and others, tj'c. ; 

Since informinpj you that we should prepare and present charges and specifications 
against Edward P. Smith, touching his official actions as Indian agent in Minnesota, we 
have received and examined various letters and documents which have been forwarded here 
by Mr. William Welsh, of the city of Philadelphia, for whom we appear as attorneys, and 
have prepared such specifications as the information laid before us would seem to justify ; 
but many of the charges can only be substantiated by the presence of witnesses who are 
scattered over, not only this State, but other States, and cannot be procured on the short 
notice given by you for the investigation. A number of persons have become interested 
in the Wilder, Merriam and Rush contracts, and the united influence of such interested par¬ 
ties is brought to bear to suppress the facts in connection with said contracts; and volun¬ 
teer witnesses in support of the charges cannot be hoped for. There are many persons, as 
we liave reason to believe, in this and other States, who could give material testimony, but 
who will not do so, unless compelled by legal process. From many prudential considera¬ 
tions they are unwilling to come into collision with Commissioner Smith, the Indian Depart- 
m ent. and those interested parties who wish to uphold the contracts. 

We are informed, also, that some important papers in connection wtth this inquiry have 
disappeared from the Indian Bureau at Washington since Mr. Smith became Commissioner 
of Indian Affairs, and that the facts relating to the matter can only be shown by witnesses 
residing in the Eastern States. 

We have, therefore, been considering the authority by which you are appointed, and your 
powers to enforce the attendance of witnesses, to administer oaths, and compel the produc¬ 
tion of papers, &c.. for without these powers the investigation can result in little more than 
a farce ; and we are surprised to find that you possess none of these very essential powers for 
this investigation. We find no authority for your appointment to investigate the conduct 
of Commissioner Smith, except the general power that any bureau officer may possess to 
order an informal inquiry into the conduct of one of his subordinates. You have no power 
to subpoena a witness, or in any way compel his attendance, or compel the production of a 
paper, or to administer an oath, or compel a witness to testify if present, or, if testifying, to 
answer any question that he might not choose to answer. Under these circumstances you 
can gain no information except such as is volunteered. Mr. Welsh has informed us since 
your appointment, that Secretary Delano himself admits that you have not any of these 
powers. We must, therefore, in view of the want of jurisdiction, and the necessary powers 
on your part in the premises, respectfully decline to appear before you in the matter. 

We may further remark that, from copies of letters and papers before us, we are of the opin¬ 
ion that a thorough investigation by a commission clothed with these necessary powers will 
reflect unfavorably upon the official conduct of Secretary Delano, from whom you hold your 
appointment. 

Certain it is that notliing but a commission authorized by law, and empowered to compel 
the attendance of witnesses and the production of papers, giving ample notice of the time of 
their meeting, can bring out the truth, or the semblance of it, in connection with the manage- 


29 


ment of Indian atTairs in this State and Wisconsin under Aj^ent Smitli. liefore such a com 
mission we are at all times ready to appear and prosecute our charj^es. 

JNO. M. GILMAX, 

GEO. L. OTIS, 

Attorneys for Wm, Welsh and Harlan S. Hall, 

St. Paul, December 8, 1873, 

This paper was marked Exhibit B, and tile<l. 

The e.ommission then took a recess until 2 o’clock in the afternoon to 
consult as to what course to ])ursue in rej^ard to the communication 
above (pioted. At which time they re assembled, and the lion. T. C. 
donesread tlie followino-as the unanimous opinion of the commission; 

^We are frreatly surprised by this communication. This commission was organized on the 
I7th of November, 1873. On the2*2d day of the same month, notice of the fact, and the du¬ 
ties to be performed, was served on Mr. Hall ; and that the commission would meet to pro¬ 
ceed with the investigation at the office of James Smith, jr., Saint Paul, on the 28th. On the 
1st of December, instant. Geo. L. Otis, esq., appeared before the commission and asked leave 
to file charges, on behalf of Mr. Hall, against E. P, Smith, and that he be allowed time for that 
purpose until Wednesday, the 3d instant, which was granted. 

At the meeting on Wednesday, Mr. Gilman desired to be allowed to appear with Mr. Otis 
on behalf of Mr. Welsh, and that further time be allowed to jireptire the formal accusation ; 
which the commission granted by taking another adjournment till the next day at lb o’clock 
a. m., with the understanding that the investigation should then be commenced, the parties 
having leave to add further charges, if deemed necessary, when the papers expected from Mr. 
Welsh should have arrived. 

On 'riiursday tbe'coinmission received a note from counsel asking for further extension of 
time, for the reason that they could not properly prepare their charges until the arrival of 
papers from Philadelphia. 

Mr. Otis afterward appearing, at the request of the commission, was informed that we* 
were instructed to make a full, fair, and thorough investigation of any charges that any re¬ 
sponsible party .should prefer against the accused ; that the commission did not re(iuiie the 
charges to be in technical form, as in proceedings upon indictments; that only a statement of 
the substance of the matters alleged would l)e ru'cessary. 

Mr. Otis asking that a further adjournment should be had until this day, and assuring the 
commission that they were using due diligence in the preparation of the charges, an ad¬ 
journment was ordered from day to day, with the understanding that time should be allowed 
as requested, unless counsel should be able to proceed with the ca.se at an earlier day. 

After all this delay, and with the explicit understanding that the investigation should now 
proceed, the learned counsel who represent parties making these charges inform us that 
they have been directing their attention to the powers possessed by this commission, and have 
ascertained that we have no authority to issue process or compel the attendance of wit¬ 
nesses, Ac. 

They also say that the parties interested in the contracts referred to in the charges are 
bringing their influence to bear to suppress the facts, so that volunteer witnes.ses in support 
of the same cannot be hoped for. In reference to the reasons here alleged for not proceeding 
with the investigation, we have to observe : That the facts in connection therewith appear 
to have been as well known to Mr. Welsh ten days ago as they are now ; and in regard to 
the extent of our powers, he admits that he had a consultation with the Secretary of the In¬ 
terior in reference to the same, before the filing of his charges, and we can hardly conceive 
it possible that the matter was not understootT by counsel. 

As to the alleged inability to compel the attendajice of witnesses, we believe that no incon¬ 
venience has been experienced by similar commi.ssions heretofore; and it will be remembered 
that we notified coun.sel that proces.s would be issued for all witnesses that they might desire 
to .sub[)ccna; that we would see that the .same were served by the United States marshal, 
and that we supposed that arrangements could be made to pay all proper expenses. A pro¬ 
per officer was present to administer oaths and reduce all the testimony to writing. 

And we have now to suggest whether, under these circumstances, the parties ought not 
to have proceeded with the investigation, as we were asstired they would ; and whether it 
would not have been time enough to allege the inability of the commission to procure the 
attendance of witnesses and the production of papers material in the case, after an honest 
etfort had been made in that direction. As to the difiiculty of procuring papers, these gen¬ 
tlemen are lawyers, and therefore they know the danger of withholding documents, and the 
presumption arising therefrom against the party refusing to produce them, and should not 
have made this imputation until a refusal had followed the service of a proper notice. 

And we have the same remark to make in regard to the intimation that parties interested 
in the contracts are interfering to prevent a full investigation. 

W’e can hardly understand the meatiing of this communication, taken in connection with 
the one addre.ssed to us by Mr. Welsh, of the date ot December 1, and received by us last 
•Saturday, which will now be read. 


30 


“Philadelphia, December 1, 187o. 

To Messrs. Tttrncy, Jennings^ and .fames Smith, jr., commissioners; 

“Dear Sirs : After receiving'your telegram,! went to Washington to confer with the Sec¬ 
retary of the Interior, who asked me to write a letter, as it will be impossible tor me to leave 
here without sacrificing interests of a public and charitable kind, tar greater than those com¬ 
mitted to your care. It is with the greatest reluctance and pain that I teel constrained to 
make the following charges against the conduct of Indian Commissioner P. P. Smith, while 
acting as agent for a portion of the Chippewa Indians. 

[Here follow the charges preferred against Commissioner E. P. Smith, which will be 
found in the report.] 

“As your commission desires to reacti the truth, whether obtained equitably or legally, I 
have not thought it wise to put these charges in legal form. This is the first draught from 
dictation, and they could have been put much more strongly by the examination of papers 
in my possession. It is a very painful duty to me, as I had a stronger personal interest in 
the party charged with wrong-doing than either of you had. 

“Yours, very respectfully, 

“ WM. WELSH.” 

From this it seems that Mr. Welsh has preferred his charges, and desires the commis¬ 
sion to proceed with the investigation. But the gentlemen who appear as counsel for him 
by a written commuuication have indicated a contrary purpose. They do not appear before 
us in person to explain this apparent contradiction. 

In the absence of counsel vve are left in doubt as to the purpose of Mr. Welsh in regard 
to the charges still on file with the commission. But, on consultation, we have concluded 
that we shall go on with the investigation impartially and fearlessly, and that we should 
hesitate to permit the withdrawal of these papers from the files if such request were formally 
made by Mr. Welsh. 

We shall subpoena such witnesses as we believe are in possession of facts material to the 
inquiry, and shall bo greatly obliged to any good citizen tor any information which will aid 
* us in this investigation. 

At the conclusion of the remarks, Judge Palmer inquired as to 
whether he should still be permitted to represent Mr. Smith; and was 
informed by the commission that he should. 

The commission then adjourned till Tuesday the 0th instant, at 10 
o’clock a. m. 

And now, to wit, Tuesday December 9, 1873, the commission met pur¬ 
suant to adjournment, at the usual place. Present all the members. 

A communication was received from E. N. McLaren, esq.. United 
States marshal, marked exhibit D, and filed, in which he agreed to serve 
subpoemas, &c., for the commission. 

By order of the commission, subpienas were issued for the Hon. H. M. 
Eice and S. 17. Clark, esq. The first one was returned ‘‘ served,” 
marked exhibit E, and filed. 

The Hon. E. C. Palmer, counsel for the accused, then read an answer 
on his behalf to the charges preferred by Mr. Welsh, as follows: 

Before thellou. Coiumissioners appointed to investigate charges against E. P. Smith : 

■ To tlie charges made and filed by William Welsh, of Philadelphia, the said E. P. Smith 
responds and alleges as follows : 

As to the charge and specification marked “ First.” He admits that a contract was drawn 
up by E. P. Clarke for a comparatively small quantity of pine, say twenty to thirty-five mil¬ 
lion feet, lying along the Mississippi River, at about the date stated in said specification, 
but he avers that the same was so framed as to require the approval of the Commissioner of 
Indian Affairs, the Hon. F. A. Walker, and was duly forwarded to him for approval; that 
said contract was drawn up pursuant to previous general instructions of said commissioner, 
to sell pine upon this reservation, and after the consent of the Indians at Oak Point had 
been obtained to the sale of their pine. That said consent was not referred to in said con¬ 
tract because it was unnecessary, and because the Indians had already given their consent, 
as was known to said Clarke, and said contract could not become operative without the ap¬ 
proval of said commissioner. 

That due and timely notice was given of such intended sale, and several bids for said 
pine were made by parties who did not complain that the time was too short, nor was such 
complaint made by any one. 

Second. The respondent admits that he sent the telegram, set forth under this head, and 
alleges that his sole and only object in so doing was to notify said Clarke that said Indians 


31 


hti'l withilrawu or rcpmiuited their previous consent, and of the possible effect thereof, so 
that said Clarke inifjht be ])nt on Ins j^nard and saved from fnrtlier loss and expense in nmkinj^ 
])reparations to carry out said contract on his part; that on the evenino^ of the same day on 
which said telef^ram was sent this respondunt received a communication from said Com- 
inissioner, statinp^ that said contract with said Clarke was not appioved, and directing' a con¬ 
tract to be made with A If. Wilder at a hiprher })rice. 

That up to this time this respondent had never seen said Wilder, and had had no 
communication with him of any kind, directly or indirectly, and did not know that any 
hig^her i)rice for said pine had been offered by any one; that said Wilder’s bid therefor had 
been made directly to said commissioner at Washington, and this respondent had no agency 
whatever in jrrocuring the same to be made or accepted; and he denies that he has stated 
publicly or privately “ that said Clarke’s contract was cancelled solthj because Wdlder had 
made a higher offer,” but that his own action in that regard was based upon what he sup¬ 
posed would be the effect of the vvithdrawal of consent by the Indians, as stated aforesaid, 
and his desire to save said Clarkr; froni all possible harm in the premises. He admits that he 
has stated that said contract was cancelled l>e<-*ause a higher bid had beeir received, but that 
said cancellation was the action of the Commissioner of Indian Affairs, and not of this 
respondent. 

Third. As to this specitication, the respondent says that he refers the legal and purely 
technical questions involved to the hfrnorable commissioners and the proper law officers of 
the Government, but he alleges that since tln^ year l.'f.'jl it has been the constant practice 
and custom of the Indian Department to regard the ti’.nber, coal, and other marketable pro¬ 
ductions growing upon or found in the Indian reservations as personal property, disposable 
under the direction and authority of the De[)avtment, and for the sole use and benetit of the 
Indians; that contracts for the sale of pine timber have been constantly made since said 
year 18o4, under the sanction of every Commissioner of Indian Affairs from that time to this, 
and with the approval, express or implied, of every Secretary of the Interior, and no (jues- 
tion of the right or power to make such contracts, so far as this resjrondent is aware, has ever 
been raised until now; That this respondent, while Indian agent in Minnesota, acted under 
the express direction and authority of his superior officer, the said Commissioner, in making 
this class of contracts, and without suspicion that any charge of illegality could be made ; and 
he submits that it is not just to him, a subordinate officer, to hold him responsible in the 
premises for matter not impugning his personal or official integrity ; and in this respect he 
courts the freest and fullest investigation. 

Fourth. As to this specification, the respondent alleges that the same is wholly errone¬ 
ous and false. That the Merriam contract was approved by said Commissioner while this re¬ 
spondent was in Washington, and without notice to him that any direction to make a con¬ 
tract with said N. 1’. Clarke had been given. That said contract with Merriam was made 
in the usual way, and forwarded to Washington for approval by said Commissioner; and 
while this respondent was absent imiking his payments said N. P. Clarke put in a bid for the 
timber embraced in said contract, directly to the Commissioner, who, thereupon sent out the 
notice referred to in said specitication. 

That the same was never received by this respondent, norhefact that it had been sent made 
known to him until long afterward; that said (darke withdrew his bid prior to the approval 
of the contract with Merriam, all of which said Welsh knew, or could have known by iiupiiry 
at the Indian Department at Washington; yet he makes the charge without due inquiry as 
to its falsity, and thus gratifies private malice of other parties, and gives it greater emphasis 
b\' confounding F. P. Clarke with Al 1*.Clarke and so proclaiming “a double wrong.” 

Fifth. This respondent denies that he made any fraudulent contract on November 18, 
1872, or at any time with A. 11. Wilder, or at a price below’ the fair value of the timber em¬ 
braced in said contract. He admits that he signed a contract for a large quantity of pine 
with said Wilder at the price of §1.15 per “M” at the date named, but he alleges that said 
contract in all essential respects was made and the provisions thereof framed by the Commis¬ 
sioner of Indian Affairs, the Hon. F. A. Walker. That so tar as this respondent was aware, 
and as he then believed and still believes, said contract is a fair one, and secures to the In¬ 
dians on said reservation the full value of the timber to be cut thereon. He denies that he 
kept any fact or refusal of said Indians from the knowledge of the Commissioner, and alleges 
that he fully advised said Commissioner of all facts w'ithin his knowledge bearing upon the 
subject-matter of the said contract, and that said Commissioner acted in the premises only 
upon a full knowledge of all attainable and essential facts, and after a full discussion of all 
questions involved in such action. 

'This respondent alleges that he informed said commissioner that the Oak Point Indians, 
comprising about one-sixth of the Indians upon the whole reservation, and having property 
rights in the pine thereon, had first consented and then refu.sed to sell their pine, a.s was the 
fact; and ho alleges that it also was a fact that the great body of the Indians had not been 
consulted on the subject at the time said contract was made, but that not long thereafter a 
copy of said contract w’as sent to the agent in charge, with instructions to explain its pro 
visions to the Indians and ask their approval thereof, vvhich was done ; and said Indians 
thereafter sent a delegation to this respondent at White Earth to impiire more particularly 
concerning said sale of their pine, which delegation, after receiving a full oxplanatiou thereof, 


32 


expressed themselves satisfied, as did also the Mississippi Chippewas at White Earth, who 
liave property interests in said pine. 

Sixth. The respondent denies that he ever at any time attempted wrongfully or fraudu¬ 
lently to induce the agent named in specification “ sixth ” to cancel the Rust contract, so 
called ; and he alleges that his connection with the subject-matter of this charge and his con¬ 
duct in the premises are as follows, and not otherwise : 

In addition to being Indian agent in Minnesota, he was also supervising secretary of Indian 
missions in Minnesota and Wisconsin for the American Missionary Association, and as such 
had supervision over the matter in regard to which said Clark was Indian agent in Wiscon¬ 
sin, (not the Missouri Chippewas, as erroneously stated in said specification.) 

That accidentally learning that said Clark had entered into a contract for the sale of the 
timber on the Court de Oreille reservation, at and for the price of $50,000, and knowing, 
at the time that said price was far too low, and that higher and better bids could be ob¬ 
tained for such timber, and the interests of the Indians promoted thereby, he did ask said 
Clark to request the Department to delay proceedings under said contract, which was done, 
and such further proceedings had in the premises that an additional sum of $75,000 was ob¬ 
tained for said timber, solely through the action and alleged interference ” of this respond¬ 
ent, and the interests of the Indians advanced and promoted to that extent. 

Seventh. This respondent denies that he wrongfully or fraudulently concerted with the 
persons named in this specification, or with any other person or persons for the sale of pine 
timber (not land) on the Lac de Flambeau reservatiou, and that the facts in connection with 
said alleged transaction are as follows: 

The operation of the act of Congress referred to in said specification was contingent upon 
the consent of said Indians to remove from said reservation ; that they refused to remove, 
which refusal was given in open council and declared by Agent Clark, whereby said act of 
Congress became null and no longer binding upon the Department^ that thereafter the re¬ 
spondent was asked to forward a bid for said timber upon terms embraced therein, which 
he at once stated would not be accepted by the Departnreut, and he then briefly indicated 
to the said Simmons the form in which any such proposal should be cast; that respondent 
had no interest whatever in the matter beyond a desire to have the papers put in proper 
shape for the action of the Department; that the said Simmons was a total stranger to the 
respondent until introduced to him as a gentleman of the highest personal character by the 
Rev. E. F. Williams, pastor of the Congregational church at Chicago, and C. H. Howard, the 
district secretary of the American Missionary Associatioh, at the same place; both gentle¬ 
men of the highest integrity and earnestly devoted to the Indian mission cause and the 
spiritual and temporal welfare of the Indians; that when this respondent became Commis¬ 
sioner, said matter had not been passed upon by the Department, and was brought before 
him for his official action; that so far from endeavoring to secure the approval of said 
contract, as charged in specification “seventh,” he declined to take action thereon, and ex¬ 
pressly refused to take any responsibility in the premises; that he does not know anything 
concerning the alleged action of Agent Clark in the premises, or of the alleged operations 
of his conscience, but avers that he had nothing to do with said Clark in concerting or con¬ 
cocting any fraudulent matter whatever, and emphatically denies that this resptmdent or 
the other gentlemen named, or either of them, had any improper motives or fraudulent de¬ 
signs in connection with said transaction, and he asks that said Williams, Howard, and Sim¬ 
mons, and Agent Clark be summoned before the honorable commissioners to give their tes¬ 
timony on the subject-matter of this charge; and that the said William Welsh be also re¬ 
quested to appear and give evidence upon the charges preferred by kirn, and further that 
the Hon. H. M. Rice, named in said charge, bo also subpoenaed to appear and give evi¬ 
dence and produce the papers and correspondence in his possession, as alleged, for in 
spection and examination of your honorable board. 

EDW. P SMITH. 

E. C. Palmer, 

Respondent's Attorney, 

Tliis jfaper was marked Exhibit F and filed. 

Subpoenas were issued for F. P. Clarke, of Minneapolis, and N. P. 
Clarke, of Saint Cloud. 

The commission then took a recess till 2 o’clock p. m., at which hour ' 
they re assembled, and proceeded to begin the taking of testimony, W. 

P. Jewett, of Saint Paul, being the first witness examined. 

W. S. Wilson, esq., notary public, was present, and administered the 
oaths and reduced the testimony to writing. 

At the conclusion of Mr. Jewett’s testimony, no other witnesses being 
present, adjourned till the 10th instant, at 10 o’clock a. m.,^the map pro¬ 
duced and shown in evidence having been first marked Exhibit No. 1, 
and tiled. 


33 


And now, to wit, Wednesday, December 10, 1873, the commission met 
pursuant to adjournment, at the usual [place, all the members being 
present. 

The taking of testimony was resumed and continued all day. 

The following communication was received from the lion. Henry M. 
Dice, in answer to the subpceua of the commission ; 


Saint Paul, December 10, 187?, 


Totne lion. N. J. Turney, chairman and member of Indian commission under act of Conpress: 

Jhave the honor to acknowledge the receipt of your communication, inviting me to ap¬ 
pear before the commission to give evidence in regard to certain charges which you say 
you are appointed to investigate. 

In reply, I have to say that in order to bring out the whole truth, or so much thereof as 
will clearly reflect the true state of the case, many unwilling witnesses will have to be ex¬ 
amined. Some of these important witnesses are out of the State, and others are upon the 
Indian reservations, or in remote parts of the State, and the whole testimony required 
to elicit the true state of facts can only be brought out by a commission having full 
power and authority to compel the attendance of witnesses and the production of papers, 
and who can give ample time to those who prefer the charges to procure the required testi¬ 
mony. I have in my possession important documentary evidence, and can give the names 
of persons who can give material evidence ; but I must respectfully decline to appear be¬ 
fore you unless you have full power and authority to compel the attendance of witnesses and 
the production of papers. If j'ou can show that you possess these powers, I will promptly 
comply with your request. But I need not state to you the absurdity of an investigation 
which can only obtain fragmentary statements of matters from mere volunteer witnesses. 

I must therefore respectfully ask by what authority you are acting in the premises. 

I ask this from having learned that the honorable Secretary of the Interior has said that 
you possess no compulsory powers. 

I have the honor to be, your obedient servant. 


HENRY M. RICE. 


This paper was marked Exhibit G, and filed. A subpoena was returned 
“served”on T. B. Walker, marked Exhibit H, and filed. 

The following telegrams were received during the day, and marked 
respectively exhibits I, J, K, and L, and filed. 


I. 


Washington, December 0,1873. 

To N. J. Turney, Chairman, ; 

Received telegram from Welsh, as follows : Please postpone consideration ; letter by 
mail; commission may arrange amicably. Signed Wm. Welsh. No reply will be made 
him by me. 

C. DELANO, 

Secy Interior. 

J. 

Washington, December 9, 1873. 

To N. J. Turney : 

The following reply has been sent to Welsh: The Secretary directs me to reply that 
in the absence of information from commission, he dislikes to suspend it, unless good rea¬ 
sons are assigned. The commission was organized at your suggestion, and injustice to 
Hr. Smith might result from abruptly terminating. He has telegraphed the commission for 
information. 

B. R. COWEN, 

Assistant Secretary. 

K. 

* * Washington, D. C., December 9 , 1873. 

To J. X. Turney, <f'c. : 

The Secretary has just received the following telegram : 

“ Philadelphia, December 9. 

“ Secretary Interior : 

“As Minnesota commission cannot enforce witnesses, please suspend it formifljy, and let 
confer privately, or I will be compelled to ask congressional investigation. 


us 


B. R. COWEN, 

Assistant Secretary. 


3 s 


34 


L 


CnrCAGO, Dccciiiber 10, 1873. 


To J. iV. Turney, Chairmnn Commission : 

Tlie charge of William Welsh, Philadelphia, againsf Commissioner Smith, that he con 
certed with ns in procuring fraudulent transactions in Indian pine is a groundless falsehood, 
and so palpably such, that even the suspicion of it is without excuse. 

E. F. WILLIAMS, Tasfor of Forty-seventh Street Church, 8^c. 

C. II. HOWARD, Fublishcr of the Advance, fc. 


The coiiimissioii tlien took a recess for dinner. 


Ee-assembled at 2 p. in. 

The foilowins^ telegram was sent to Assistant Secretary Cowen, a 
copy of which was marked Exhibit M, tind tiled: 

SaixtPaul, December 10, 1373. 

B. R. Cowen, 

Assistant Secretary, ff'ushington, D. C. : 

Have sent papers containing proceedings ; are taking testimony, having announced our 
puipose to proceed with the investigation. Do not see why commission should be suspended 
at tiiis state. 

N. J. TURNEY, 

Chairman. 

The commissioners having consnlted during the recess as to what ac¬ 
tion to take upon the communication of lion. H. M. l\ice, Judge Jones 
read the following as the unanimous opinion of the commission : 

In answer to this communication we have to say that we notified Mr. Rice to appear and 
give evidence before the comniission, because Mr. William Welsh, at whose instance it was 
organized, in the charges preferred by him against Mr. E, P. Smith for our investigation, had 
directed our attention to the fact that Mr. Rice was in possession of papers and letters ma¬ 
terial in the case. 

In regard to the intimation which he takes the liberty of making, that our investigation 
may not be as thorough and complete as might be desired, the commission is not able to see 
why lie, as a mere witness, should deem this an excuse for declining to aid us by producing 
testimony in his possession which he intimates is most material. Commissions of this char¬ 
acter are not unusual, nor have their investigations been unsatisfactory. As a full record 
is kept of these proceedings, which are conducted in the presence of the public, and all tes¬ 
timony is reduced to writing, and subject to inspection, it is scarcely possible that these inves¬ 
tigations should not be fairly and impartially conducted. 

We regret that a gentleman of Mr. Rice's standing and large experience in Indian affairs, 
while manifesting so much anxiety in having a full and thorough investigation of the mat¬ 
ters submitted, should be the first and, so far, the only party refusing to obey our subpoena. 

The commission tlieu adjourned till the lltli iustant, at 10 a. m. 

And now, to wit, Thursday, December 11, 1873, the commission met, 
pursuant to adjournment, at the usual place, all the members being- 
present. 

The examination of witnesses was resumed. Edwin Jackson, stenog¬ 
rapher, was sworn by Notary Wilson to take down and transcribe cor¬ 
rectly the testimonj^ offered. 

A certain article having appeared in one of the daily papers, which ^ 
the commission thought proper to notice, they expressed their opinion * 
as follows, per Commissioner Jones: 

A paragraph appeared in one of the morning papers which may do injustice to Mr. Welsh, 
whose charges this commission is organized to investigate, and we therefore deem it not 
improper to notice it. 

Mr. Welsh is not a lawyer and may have misunderstood the legal effect of some of the 
documents upon which his charges are predicated; and it may be that he has acted upon 
insufficient or unreliable evidence. As to this w'e express no opinion, it being our duty and 
determination to make a thorough investigation, with a view to eliciting the truth and the 


35 


whole truth. liut'it may be fairly mentioned to the credit of Mr. Welsh that he has not hes¬ 
itated to jnit his charj^es in form so that the accused may have an opportunity of meeting 
them. 0 also deem it proper to add, that nothing has come to the knowledge of this com¬ 
mission, by telegraph or otherwise, indicating that Mr. Welsh desires any unworthy or cor¬ 
rupt arrangement for the termination ot these proceedings. 

The coiniiiiSvSioii took a recess for dinner. 

At the afternoon session a tele^]jrani was received from Secretary 
Oowen, which was marked Exhibit N, and filed. It was as follows : 

Washington, December W, 1873. 

Hon. X.J. Turney, Chairman, S^c.: 

O’Conner detained by sickness ; Inspector Daniels is at Saint Peter’s or Minneapolis. If 
you need an inspector send tor him and the Secretary will order him to sit with you. 

B. K. COWEN, 

Assistant Secretary. 

The commission adjourned till the 12th instant, at 0 a. m. 

And now, to wit, December 12th, 1873, (Friday,) the commission met 
piirsiiant to adjournment, all the members present. 

Examination of witnesses resumed : 

Subpauia returned “served,” as to Ankeny, Clarke, Harrison, and 
Pillsbury, marked Exhibit O and filed. 

At the close of afternoon session adjourned till the 13th instant, at 
0^ a. m. 


And now, to wit, December 13, 1873, O.i a. m., the eommis.sion met 
pursuant to adjournment, at the usual place, all the members i^resent. 

Examination of witnesses resumed. 

]Mr. Smith asked that II. P. Hall be subpienaed on behalf of the pros¬ 
ecution, which was refused for the following reasons, as announced by 
Commissioner James Smitli, jr.: 

We do not think we can properly be c.alled upon, nor are we required upon our own mo¬ 
tion, to issue a subptx^na for Mr. Hall of the Dispatch. Mr. Hall appeared as a prosecutor 
by counsel, and has, since the commission met, formally withdrawn, and through his attor¬ 
neys has advised us be does not recognize our authority to compel the attendance of wit¬ 
nesses. His position is ditferent from that of Mr. Henry M. Rice, and the issuance of a 
subpoena for Mr. liice is not a precedent for the present request. Mr. Rice was one of the 
witnesses named by Mr Welsh, the prosecutor, and had not, previous to the issuance of the 
subpama, notified us of his refusal to attend. Whilst this commission may not possess the 
full powers of a congressional committee, the results of its deliberations and findings are quite 
as important to the accused. If our investigation or report should sustain the charges or 
any of them, the official decapitation of Mr. Smith would be as effectually brought about 
as it would by a like finding by a committee possessed of more plenary powers. This the 
gentlemen prosecuting and procuring the institution of these proceedings understand. If 
Mr. Hall or any one else is in possession of facts or of documents material to this investiga¬ 
tion, so important to the public, and of such serious consequences to the accused, and sees 
fit to take the responsibility of suppressing such testimony upon the quibble of a want of 
power on tlie part of the commission to compel his attendance, it appears to us that he over¬ 
estimates his own importance and does not properly appreciate the intelligence of the 
people. 

Mr. Hall has, however, given us and the public, copies of documents long since furnished 
us by the Interior Department, and no one pretends that he has any personal knowledge of 
any material fact we are authorized to investigate. 

We decline, therefore, to issue the desired 8ubp<ena. If the accused desires the attend 
ance of Mr. Hall, and supposes Ins testimony material as to charges already made, a sub 
p(ena, we think, ought to issue in his behalf, but nut otherwise. 

After the reading of this opinion, tiie commission adjourned till the 
loth instant, at 2 p. m. 

And now, to wit, iVIoiuhiy, December 15, 1873, the commission met 
pursuant to adjournment, at the usual place, all the members being 
present. 


o n 
OU 

Exainiiiatioii of witnesses resumed, and continued until the commis¬ 
sion adjourned till the 16th instant, at 2 p. m. 

Aud now, to wit, December the IGth, (Tuesday,) 1873, the commission 
met pursuant to adjournment, at the usaal place, all the members pres¬ 
ent; and after hearing two witnesses adjourned till the 17th instant, at 
10 a. m. 

And now, to wit, Wednesday, December 17, 1873, the commission 
met pursuant to adjournment, at the usual place, all the members being 
present; and sat till 3 o’clock, hearing the testimony of Indians from 
White Earth; at which time the chairman announced that the commis¬ 
sion had finished its labors, as far as investigation in Minnesota was 
concerned, and the commission adjourned, to meet in Washington, at 
the call of the chairman. 

And now, to wit, January 21, 1874, (Wednesday,) the commission met 
pursuant to the call of the chairman, at the office of Assistant Secre¬ 
tary of the Interior, General Coweu, at 11 a. m., present all the mem¬ 
bers. 

Telegrams were sent to William Welsh aud B. A. Simmons, as follows: 

Washington, January 21, 1874. 

To William Welsh, ]]2'2 Spruce street, Philadelphia : 

The commission appointed to investigate certain charges against Edward P. Smith desire 
to take your testimony, and would be greatly obliged if you could make it convenient to 
meet us at the Ebbitt House, in Washington, during the present week. Answ’er. 

N. J. TURNEY, 

Chairman, Ehhitt House.. 

That to B. A. Simmons was precisely similar. Copies of each were 
marked respectively Exhibits P aud Q, and tiled. Two telegrams of date 
December 9,1873, which had been overlooked, were marked respectively 
Exhibits R and S, and filed. 

Adjourned till the 22d instant, at 11 a. m. 

And now, to wit, January 22d, 1874, the commission met pursuant to 
adjournment, present all the members. 

The following communication was received from Mr. William Welsh, 
in response to telegram : 


Philadelphia, January 21, 1874. 

Dear Sir. Your telegram, asking my presence before the commission appointed to investi¬ 
gate certain charges against E. P. Smith when acting as Indian agent, was received this af¬ 
ternoon. You well know that the commission was not raised to investigate charges made by 
me, as at that time I did not even contemplate making the charges. I think that the commis¬ 
sion placed itself in a false position when it proceeded to consider my letter after my attorneys 
had assigned sufficient reasons for refusing to conduct the case unless arrangements were 
made to enforce the attendance of witnesses. The attorney for the defence appreciated the 
delicacy of his position and of yours by suggesting his withdraw’al from the case. I do not 
propose to vary from the position I took in my letter to the President, a copy of which is here¬ 
with. It is true that I have in my possession evidence that if x>laced before you will 
oblige you to criminate Agent Smith, but under the circumstances 1 am not willing to make 
him the scape-goat, over whom others far more guilty may secretly confess their sins. When¬ 
ever an investigation of the whole case is made’ by those who are authorized to convict 
the men who lured Mr. Smith on to his ruin, I will promptly attend and produce papers in 
my possession. The commissioners know the market value of pine timber on the Mississippi 
and its tributaries, therefore on this head I could not enlighten them by my presence. You 
also know that there is no law authorizing the sale of great tracts of pine timber on Indian 
reservations; and that Congress is not likely to enact a law authorizing such sales vrithout 


37 


the consent of the owners of the soil. Please assure your colleagues that my unwillingness 
to testify before them is not owing to any personal disrespect for them individually. 

Yours, very respectfully, 


Mr. N. J. TrRNEY, Chairman. 


WM. WELSH. 


This paper was marked Exhibit T, and filed. 


J. 


INDIAN OFFICE.—WRONGS DOING AND REFORMS NEEDED. 

Philadelphia, January 1874. 

To His Excellency Ulysses S. Grant : 

My Dear Sir : Allow me to recall to your mind our first interview, 
a few da^’S after your inauguration, when I was acting as chairman of a 
committee comprising Judge Strong, Hon. Eli K. Price, Mr. George H. 
Stuart, and others. We were drawn to you by the following paragraph 
in your inaugural address : 

The proper treatment of the original occupants of this land, the Indian8,is one deserving 
of careful study. I will favor any course toward them which tends to their civilization, 
Christianization, and ultimate citizenship. 

To aid you in promoting this praiseworthy object, we tendered 
our co-operatioii and that of the large body of citizens whom we repre¬ 
sented. In the course of our friendly discussion, it was admitted that 
frauds in the Indian Office and service had become chronic and difficult 
of cure. We suggested, as a remedial measure, the appointment by 
you, after procuring the authority of Congress, of a small board of un¬ 
paid commissioners, men of tried integrity, to have joint control with 
the Secretary of the Interior over all appropriations for Indian service, 
and thus to lift this service above political influences and other demor¬ 
alizing tendencies. 

You, and the then Secretary of the Interior, cordially assented to this 
proposal, and Secretary Cox draughted the first law that was enacted 
thus: “The board of commissioners is to exercise joint control with the 
Interior Department over the disbursement of appropriations, &c.” 

You were pleased to appoint me on that Indian commission, and my 
colleagues elected me their chairman. Owing to influences from without 
and from within the Department, the sources of which were carefully 
concealed from that most excellent Secretary of the Interior, instead of 
giving the board the joint control indicated in the act of Congress, its 
powers were limited to that of a mere council of advice. Having a more 
thorough knowledge than some of my colleagues of the political power 
of the Indian Iting, and of the deep-seated malady in the Indian Office, 
and being unwilling to assume responsibilities without any power of 
control, 1 peremptorily resigned my commission, at the same time pledg¬ 
ing myself to you tluit I would serve the cause as a private citizen with 
equarzeal and without cost of any kind to the Government. The pro¬ 
priety of my course became manifest in 1871, when the Indian Office was 
investigated by a congressional committee, and at this time it is, in my 
judgment, still more manifest. 

Before 1 refer to the present lamentable condition of the Indian Of¬ 
fice, allow me to thank you with all sincerity for your invariable kind¬ 
ness to me during the live years in which I have, at much cost of time 
and money, co-operated with you in your noble efl’ort to save the rem- 



38 


iiant of our American Indians, and thereby to remove a fearful stigma 
from the nation. We all owe you a debt of gratitude for taking Indian 
agencies from those who ordinarily were using them as party spoils, and 
for transferring them to the care of religious bodies, who expend hun¬ 
dreds of thousands of dollars annually in successful efforts to civilize 
and christianize Indians. Again, when under authority of law you 
deprived the governors of Territories of their ex-officio right to the su¬ 
perintendency of Indian affairs, you eradicated one of the most prolific 
sources of the evils from which the Indian service in our Territories and 
new States is slowly recovering. As you have been fully sustained in 
these and other heroic acts, and as your Indian ])olicy is no longer ex¬ 
perimental, the present condition of the Indian Office should not create 
any despondencj^, for I feel sure that Congress and the people will sus¬ 
tain you in applying a thorough remedy. 

At our recent appointed interview, I felt constrained to inform you 
that since the last letting of contracts for supplies, a powerful Indian 
ring, comprising men whom I named to you, had been formed, and that, 
in some unaccountable way, it had acquired such an influence in the In¬ 
terior Department that, if unchecked, it would undermine your merciful 
policy by destroying the confidence of Congress, and thus hindering the 
appropriations necessary to promote Indian civilization. As 3 'ou will 
remember, I further said that my belief in the integrity of the Secre¬ 
tary of the Interior had not been impaired, and that, having thoroughly 
cordial relations with him, I desired to exert every ])ersuasive influence 
before invoking your aid. As these efforts have failed to procure the 
reforms in the Indian Office necessary to protect the Indian and the 
Government, I now present the case to you in an open letter, as I do 
not feel free to confer with you privately about the duties of a cabinet 
officer. 

I notified Mr. Delano, as a friend, that he was surrounded by influ¬ 
ences that were operating adv^ersely to the interests of the Government 
and the Indian. He insisted upon my preferring specific charges against 
his officers, instead of looking into the Office of Second Auditor, and 
also into the returns office, himself. He could, in the latter office, have 
seen that the law was constantly violated by keeping contracts from 
public observation, although there is a penalty of imprisonment if each 
contract is not speedily recorded in that office, where it is to be kept 
open for public inspection. The Secretary of the Interior was, until 1 
recently advised him, kept in ignorance of a contract made by Agent 
Smith, now the Commissioner of Indian Affairs, on the Sih day of No¬ 
vember, 1872, for the illegal, and, as I believe, the otherwise wrongful 
sale of immense bodies of pine timber, without the knowledge of some 
of the Indians to whom it belongs, and against the openly-expressed 
wishes of other bands who own a portion of it. The commissioners for 
investigating half-breed scrip, Agent Smith and Judge Jones, one of 
the present examining commissioners, had previously reported timber, 
said to be far less valuable than this, to be worth |2.50 to $3 a thousand, 
and yet this contract was made at $1.15 a thousand, without advertising, 
or in any other wa.y inviting competition. A portion of this timber had 
been previously sold by Agent Smith to Clarke at $1.35 per thousand, and 
Clarke testifies that he was willing to give that price for the whole, but 
Agent Smith said that he could not sell it. Agent Smith subsequently 
notified Clarke that the contract he entered into with him was void, be¬ 
cause the Indians at Oak Point had determined not to sell their pine 
timber. Subsequently this timber, with large bodies of timber belong- 



39 


in^i‘to other Indians who Innl not been consulted, was sold to A. 11. 
Wilder at ^l.ld, as before referred to. 

It is true that this contract received the approval of that most hon¬ 
orable fientlemen, Oen. F. A. Walker, the then Commissioner of In¬ 
dian Atfairs. His explanation is given in the following extracts from 
letters written by him to me, dated December 5 and 18, and to Gen. 
11. R. Cowen, Assistant Secretary’ of the Interior, dated Xovember Id, 
1873. General Walker sent a coi)y of the latter letter to me, from which 
ita])pears that General Cowen was a party to the negotiation. 

(December 5.) With reference to the specific matter of your inquiry, 
I would say that I do not remember ever to have heard of the refusal of 
the Indians at Oak Point to allow the Clarke contract to be consummated 
until I learned it from you at our interview at the Kbbitt House, on 
Saturday last. If it was ever rei)orted to the Otiice, it either never 
reached my eye, or I was inexcusably heedless in respect to it, for I 
cannot recall the circumstance.” 

(December 18.) “Agent Smith was thoroughly cognizant of the situ¬ 
ation, yet he recommended the sale of the tirnbei-, and aj)i)roved the 
terms of sale in detail and as a whole.” 

>^ovember 13, to General Cowen. “Air. Smith, then agcmt for these 
Indians, now Commissioner of Indian Aft'airs, being at the time in Wash¬ 
ington, represented to the Otfice in very strong terms the inade(piacy of 
the j)rovision that would be effected by the sale of the timber first of¬ 
fered,” | to Wilder, being the same timber that had been sold by con¬ 
tract to Clarke,] “ and thenecessity of doing something more to relieve the 
Leech Lake Indians from the miserable condition of vagabondage and 
almost of starvation in which they were.” “ Lithe matter of a fair jirice 
for the whole body of the timber I had a reasonable reference to the 
judgment of Agent Smith, who stated that he was fully conversant with 
this location, and deemed the sum named to be reasonable and ade¬ 
quate.” “The ({uestion subndtted by Agent Smith seemed in effect to be 
whether the Indians should be iiermitted to starve in iiossession of valu¬ 
able property which they could not use, or whether that property should 
be put into a form which would allow them to receive their own self- 
supimrt.” “ Certain I am that it was this view of the case, as presented 
by Air. Smith, which determined me to recommend that the Department 
entertain Air. Wilder’s })roposition for the entire body of the Leech Lake 
* timber, and accept the same on two conditions : First, that a fair price 
could be obtained for the whole ; second, that Air. Wilder would make 
payment in aovanceof a considerable sum (I think 830,000 was the sum 
mentioned) to enable tlie agricultural improvements to be commenced 
with the opening of spring. Upon the cpiestion in this form the con¬ 
sultation between you, Air. Smith, and myself, was free and informal.” 
“AVe are all responsible, therefore, each in his own place and degree; 
you and I for giving undue weight to the re])resentations of the agent, 
the agent for making representations which, if false, he must have 
known to be false.” “ The amount which Air. Wilder was required to de¬ 
posit in advance to the order of Indian Ofiice, and the substantial 
bonds required from him for the proper completion of his contract,” &c. 

If Air. Wilder paid the 830,()()0 of advance money, it is certain that no 
])art of it ever reached the United States Treasury, or that not one dol¬ 
lar of it was expended for the relief of these poor, perishing Ihllager 
Ghij)pewas. General AValker, who still has confidence in the good in¬ 
tentions of Agent Smith, was evidently hastened into an apju'oval of 
the contract without the knowledge that the rightful owners of part of 
the timber had refused to let it be sold; without the knowledge that 


40 


it bad not been advertised, or tbe sale open to fair competition, and 
under tbe belief that Indians, turbulent through starvation, yet desir¬ 
ing implements of husbandry and seeds, would be relieved in the early 
spring. By reference to the report of General Terry^ you will learn that 
no implements of husbandry or seeds were sent to these Indians, and 
that, consequently, they are disheartened and almost starving. Even 
the $10,000 which wAs to have been paid under the terms of the con¬ 
tract on the 1st day of May, was not received into the Treasury until 
after the exposure of this stupendous iniquity. If the whole truth in 
relation to this and other similar transactions in that region is brought 
to light, I fear that the band of white pillagers will outnumber their 
red brethren of that name. Secretary Delano appointed four commis¬ 
sioners to examine this and other alleged irregularities of Agent Smith, 
and they, supposing that the^^ had power to subpoena witnesses, sum¬ 
moned me before them at Saint Paul, Minnesota. I had not thought of 
preferring charges against Agent Smith until after the receipt of that 
summons, when, being unable to attend in person, I prepared charges 
at the request of Secretary Delano. 1 append a paper from my attor¬ 
neys, who withheld the copy of my charges that I had sent to them, 
because, as they say, in the midst of a community ])ersonally interested in 
these lucrative contracts, an examination by a commission, without 
power to compel the attendance of witnesses, can result in little more 
than a farce.’^ After I heard that, instead of handing to my attorneys 
the copy of my letter that I had inclosed to the commissioners, they 
were going through the form of an investigation, I telegraphed them 
that Inspector Daniels, who was present in Saint Paid, at the request of 
the Secretary of the Interior, could invoke the aid of the Federal court, 
and thus enforce the attendance of witnesses. 

From the reply of the commissioners, I infer that they are quite con¬ 
tent with the examination of parties to the contract and others like- 
minded, allowing the presence of an attorney for the accused, without 
having any one present to conduct the prosecution. The verdict of 
such examiners can have little influence upon the mind of any disinter¬ 
ested person. I stand ready to verify before a competent tribunal every 
charge that I made against Agent Smith, or openly to retract them, and 
also to add numerous charges against his conduct as Commissioner of 
Indian Affairs, such as the following: 

Without consulting the board of Indian commissioners, in accord- * 
ance with a specific law of Congress, and without advertising. Commis¬ 
sioner Smith made extensive private contracts with A. H. Wilder and 
others, for supplies and for freight, and substituted corn for contract 
flour, and barreled pork for contract bacon. Some of the vouchers ap¬ 
proved by Commissioner Smith for the expensesof Indians visiting Wash¬ 
ington, give evidence of fraud, and surely there was great extravagance 
in the allowance of forty-five dollars per trip to a clerk in the Indian 
Office for railroad fares from New York to Washington and back, each 
time he spent Sundays with his family ; also, six dollars a day for ex¬ 
penses, in addition to his regular salary. These are mere illustrations 
that chance to be before me at the moment, and although trifling in 
amount, yet they give indications of the general management of the 
Office. I do not claim that the Secretary of the Interior is accountable 
for all these irregularities, as vouchers are often passed in spite of his 
remonstrances. Thus, there had been a persistent attempt for a long 
time to foist upon the Dei)artment a quack nostrum of doubtful mor¬ 
ality. Commissioner Smith i)urchased it to the extent of five thousand 
dollars, and having directed that it should be charged to the appropria- 


41 


tion for vaccine vinis^ it was for this cause brout^bt to the notice of the 
Secretary of the Interior, and by him disallowed, as on former occa¬ 
sions. It was, however, subsequently ai)])roved in the Secretary’s Ollice, 
and charged to other apiuopriations. This serves as an illustration of 
my statement that the Secretary of the Interior should not be made 
responsible for all the acts of those under him. 1 will, however, refer 
to acts for which he is directly responsible. When the Assistant Secre¬ 
tary of the Interior visited Indian agencies, he was allowed, in addition 
to all his expenses, eight dollars a day, while receiving salary as a 
Ciovernment otlicer. 

This violation of the law, although unimportant in amount, is ruinous 
to the morality of the Department, as it practically sanctions still 
greater irregularities by others who hold inferior offices. 

The board of Indian commissioners will assemble in Washington 
about the middle of this month, and from them you can learn the par¬ 
ticulars of their recent efforts to check irregular and fraudulent prac¬ 
tices, and their want of success in these efforts. Since the last i)ublic 
letting of contracts for sup])lies, the contractors have combined, and 
seem to possess greater practical inffuence in the Interior Department 
than the board of Indian commissioners. Vouchers, I learn, to the 
extent of nearly half a million of dollars, were r(‘jccted by the board of 
Indian commissioners, under the belief that they were fraudulent, illegal, 
or irregular, and yet most of these have been i)aid by order of the Sec¬ 
retary of the Interior. A beef contractor, whose fraudulent i)ractices 
are on record in the Interior Department, and whose bids were conse¬ 
quently rejected by the board of Indian commivssioners, was allowed to 
sub-let the contracts for the last fiscal year. To guard against the re¬ 
currence of this glaring wrong, the board of Indian commissioners 
caused the following paragraph to be inserted in the i)roposals for snp- 
])lies for the current fiscal year: “ No contract, or j)art thereof, will be 
permitted to be assigned or filled by other parties, without the written 
consent of the Secretary of the Interior.*’ 

I was invited to be ])resent at the opening of those bids, and was 
])rivy to the fact that the board of Indian commissioners endeavored 
to avoid the possibility of the recurrence of the wrongs of the previous 
year. They divided the contract for cattle between residents in Min¬ 
nesota, in Nebraska, and in Kansas, and yet the same objectionable 
contractor has been ])ermitted to j)urchase one or more of the shares, 
and to supply the cattle for the other contractor or contractors, with 
the full knowledge of the Interior Department. When awarding con¬ 
tracts for cattle and for freight, we were all surprised at the urgency of 
(Jeneral Cowen, Assistant ISecretary of the Interior, and of Indian 
Commissioner JSniith, that large contracts should be given to A. II. 
Wilder, of ^linnesota. The commissioners telegraphed to Miimesota, 
and found his mercantile standing good, but they were left in ignorance 
of the fact that five months before that time the somewhat notorious 
contract for ])ine timber had been concluded by ^Ir. Smith, and abproyed 
by General Cowen, Acting Se^cretary of the Interior, without having 
be^en reported to Secretary Delano, as he testifies. Had this fact been 
known, I am satisfied that the board of Indian commissioners would 
not have approved the contract with Wilder, and certainly they would 
not have removed the objections urged against Agent Smith in the 
Senate, when his name was brought before it for contirmation as Com¬ 
missioner of Indian Affairs. 

At your refpiest, the board of Indian commissioners will, undoubt¬ 
edly, report the extent of purchases and contracts for supplies and for 


42 


freight made without coufereiice with them, aud of vouchers paid with¬ 
out having been submitted to them, in accordance with a law of Con¬ 
gress, well known to the Secretary of the Interior and the Commissioner 
of Indian Affiiirs. 

I do not ask your help in canceling the illegal and the fraudulent 
contracts for pine timber. The Secretary of the Interior has already 
suspended action under them, and if neither he nor Congress see tit to 
annul these contracts, the rights of the Indians can be sufiiciently pro¬ 
tected by the courts in Wisconsin and Minnesota. 

I do respectfully, but earnestly, ask your aid and that of Congress 
in producing such a reform in the Indian Office as will protect the in¬ 
terests of the Indian and of the Government, and insure the continu¬ 
ance of the humane policy that has, from my own observation, been 
more successful than even the best friends of the Indian dared to hope 
for. 

Congress is, to a certain degree, responsible for a part of the wrong. 
A salary of three thousand dollars a year is entirely inadequate to se¬ 
cure all the time of an intelligent and competent Commissioner of In¬ 
dian Affairs. Salaries varying from six to ten thousand dollars and 
upward are paid in our insurance companies and banks to officers of 
less capacity than is required properly to manage the Indian Office. 

A salary of twenty-five hundred dollars a year to each Indian agent 
would be true economy. In some cases the religious bodies pay the 
United States Indian agent a salary in addition to the fifteen hundred 
dollars received from the Government, because they find that sum 
wholly inadequate to secure honest men with sufficient capacity for that 
office. This divided responsibility should be avoided, and it is rather 
humiliating to the Government to have charitable associations eke out 
the salaries of its officers, and wholly irregular for Government agents 
to have two paymasters. When agents ])urchased the office with 
money or political service, and were expected to enrich themselves at 
the expense of the Indians, the salary was a small portion of the in¬ 
come. Now they are instantlj" removed from office if known to yield 
to temptations that still have great power through long usage. 

Agents with families, living on $1,500 a year, where food is costly 
and obliged to entertain strangers because of the absence of other 
houses, and to assist sick and poor Indians, are of necessity straitened. 
Poverty and debt decrease respect for the Government, and often 
weaken moral principles. At such a juncture men who had withstood 
other temptations have yielded to the persuasive overtures of con¬ 
tractors and speculators in pine timber. The power of these tempta¬ 
tions is frequently increased by an alleged or real infiuence in the In¬ 
terior Department. Sometimes tlie agent, when entering upon his 
duties, finds his reservation under the control of contractors, and, be¬ 
fore he becomes aware of it, he has appended his signature to vouchers 
certified to by his employes. The discovery of this has, in several cases, 
demoralized the agent and placed him under the control of the experi¬ 
enced employe. That contractors known to be adepts in this form of 
villainy have influence in the Interior Department is an undeniable 
fact, causing much anxiety to some of the best friends of Indian civili¬ 
zation. 

If the whole Indian service could be placed under the entire control 
of the Society of Friends, the many forms of demoralization, now so 
baleful in their influence, could be checked, Indian civilization promoted, 
and I do believe a million of dollars a year saved by the Government. 
There is a devotion to this cause in the Society of Friends that I do 


43 


not find as marked in any other religious body, and this, with their 
largo experimice, gives them peculiar facilities in procuring and super¬ 
vising conscientious agents. Such a plan, it* practicable, would not in¬ 
terfere with the missionary operations of other religious bodies, and, 
indeed, some of them would prefer to coniine themselves to their legiti¬ 
mate work, allowing the governmental or secular duties to devolve on 
others better titted for it. This, however, may be impracticable; but 
there is a change in the conduct of the Indian Office that I think can 
be made advantageously. I understand that in the Treasury Depart¬ 
ment the entire appropriation for Indian service is included in one gen¬ 
eral Indian account, although Congress at much labor itemizes its ap¬ 
propriations. There is, therefore, no sufficient check upon the Indian 
()ffice, and upon examination it will, no doubt, be found that the direc¬ 
tions of Congress are not always regarded. Thus, the $5,000 spent for 
quack medicine was directed to be charged to an account that should 
have covered vaccine virus only. The sum of $710.31 allowed to the 
clerk before referred to as car-fare, at three times its actual cost, is in¬ 
dorsed as follows: “Approved ; charge appropriation for incidental ex¬ 
penses, Indian service in Dakota. Edwin 1\ Smith, Commissioner.’^ 
If the items in the ai)propriation bill are not to be regarded, the ex¬ 
penditure is at the discretion of the Interior Department, and it will 
be much more satisfactory hereafter to appropriate a specific sum. A 
reform in legislation for Indians was commenced last year by prevent¬ 
ing the use of appropriations in advance of the fiscal year, and by re¬ 
manding the unexpended balance back into the Treasury. The absence 
of such a law has hitherto been a fruitful source of demoralization. 

The uniform courtesy with which I have been treated in the Interior 
Department makes this frank statement of wrongs a painful duty, and 
y^t it is one that I could not resist, because impelled by pledges made 
time and again to Indians and to their best friends. I desire it to be 
understood that I fault no well-intentioned person because of improper 
appointments to office, but only when such oflicers are allowed to re¬ 
main after their incompetency could and should be known. I have 
counted the cost of making this public statement, and, as in former in¬ 
stances, I am quite prepared for misunderstandings and misrepresenta¬ 
tions from x>arties who seem to glofy in wronging the Indian and the 
Government. The usual course with such i)ersous is to charge the 
fearless friend of the Indian with x^ersonal vindictiveness, that his in¬ 
fluence may thereby be decreased. Having now performed my duty 
as a i^rivate citizen, I am quite content to leave the work of reform in 
the hands of one upon whom the responsibility has been [daced by the 
people of this land. 

Yours, very respectfullv, 

WM. WELSH, 

U2li iSpnice Street. 


The following telegram was received from B. A. Simmons, esq. 

Hartfokd, Co'S'S.j January 22, 1874. 


To N. J. Turney. 

Chairman Investigating Committee, Ebbitt House : 
I do not see how I can possibly come here this week. 


B. A. SIMMONS. 



44 


Marked Exhibit IJ and filed ; and the following reply was sent: 

Washington, January 22, 1874. 


To B. A. Simmons, Hartford, Conn. : 

Can you be here not later than Tuesday next ? 


N. J. TURNEY, Chairman. 


Copy marked Exhibit V, and filed. 
Adjourned till the 24th instant at 11 a. m. 


And now, to wit, January 24, 1874, the commissioners met i)ursuant 
to adjournment, present all the members. 

The following telegram was received: 


To N. J. Turney, 

Chairman Investigating Committee, Ebbitt : 
I will come to Washington Monday if desired. 


Hartford, Conn. 


Answer immediate. 

B. A. SIMMONS. 


Marked Exhibit W, and filed 


To B. A. Simmons, Hartford, Conn : 
Come. 


and answer was sent as follows : 

Washington, January 24, 1874. 
N. J. TURNEY, Chairman. 


A copy of which, marked Exhibit X, was filed. 

The following telegrams were also sent: 

Washington, January 24, 1874. 

To Gen. F. A. Walker, New Haven, Conn.: 

The commission want your testimony. Will you come here by Tuesday, or shall state¬ 
ment you prepared be forwarded for vour affidavit. Answer, Ebbitt House. • 

N. J. TURNEY, Chairman. 


Copy marked Exhibit Y, and filed. 

Ebbitt House, IVashington, January 24, 1874. 

To R. B. Smith, 

Claim Agent, Columbus, Ohio : 

Please send depositions immediately. 

T. C. JONES. 

Copy marked Exhibit Z, and filed. 

The commission then adjourned to the Ebbitt House, and spent the 
rest of the session reviewing the minutes and testimony. 

Adjourned to meet Monday, the 2Gth instant, at 10 a. m. 


And now, to wit, January 26,1874, the commission met at the Ebbitt 
House, at 9:30 a. m., present all the members, and spent the entire day 
reviewing the testimony. 

The following telegram was received, marked Exhibit A2, and filed : 

New Haven, Conn., January 26, 1874. 

To Hon.N. J. Turney, Ebbitt House: 

Professional engagements and sickness in family forbid my coming. If you desire affi¬ 
davit that statements in Cowen letter were true to the best of my knowledge and recol¬ 
lection at the time, I will make oath to it here. 

FRANCIS A. WALKER. 

Adjourned till the 27th instant at 10 a. m. 


And now, to wit, January 27, 1874, the commission met at the Ebbitt 
House pursuant to adjournment, present all the members, and then ad¬ 
journed to the Interior Department building, where the testimony of 



Emily S. t^ook, Jolin J. Knox, John B. Sanborn, ami Byron A. Simmons 
was taken, after which the commission adjourned from day to da}’ until 
Feb. 2, 1874, when it adjourned sine die. 


F. 

TESTIMONY. 

Amherst II. Wilder, being duly sworn at the instance of the com¬ 
mission, testitied as follows: 

My name, i^nherst H. Wilder; forty-five years of age; reside at 
Saint Paul, Minnesota. I am the same person alluded to in charge 
No. 1 tiled here. I tirst learned that timber had been offered for sale 
under advertisement, about the 5th of September, 1872, and then, by 
seeing in an old newspaper the advertisement asking for proposals, 
I cut the copy of the advertisement from the paper, and about the 
10th of September, 1872, I started for Washington. I had not seen 
agent E. P. Smith, and did not know him previous to this time nor had 
1 had any communication with him whatever. I called upon the Com¬ 
missioner of Indian Affairs, General AValker, about the IGth of Sep¬ 
tember, 1872, and showed him this advertisement for proposals, and 
told him I had but just seen it before leaving home, too late to put in a 
regular bid ; the time for receiving bids under it having past, (being on 
the 16th day of August.) He told me if I had anything to say or any 
propositions to make for the timber I could address him a communica¬ 
tion in writing and he would act upon it. I did so, and this is a copy of 
the letter addressed to him, (marked Exhibit A A and hereto attached.) 
After addressing him that communication, (he not indicating what 
action he proposed to take relative to the matter,) I left Washington 
(the same day) and returned to Saint Paul. Three or four days after 
iny return to Saint Paul, I received a communication from Commissioner 
Walker, dated September 19, 1872, of which this paper (marked Exhi¬ 
bit B B and hereto attached) is a copy. After receiving this letter, I 
made inquiries as to where Agent Smith could be seen. I telegraphed 
a clergyman in Minneapolis, whom I supposed knew the whereabouts of 
agent E. P. Smith, and w’as informed by that gentleman that he (Smith) 
was off making his payments. I next applied to Horace A. Hills, of 
Brainard, Minnesota, to inform me where I could find Agent Smith. 
Hills replied that Smith would be at Brainard on the 17th day of Octo¬ 
ber. Acting upon this information, I went to Brainard, and there met 
Agent Smith on the 17th day of October; it being the first time I had 
ever seen him to my knowledge. I showed him niy letter from Commis¬ 
sioner Walker of September 19, and asked him if he had heard any¬ 
thing from the Commissioner relative to my proposition for pine timber. 
He stated that he had just received a communication from Commissioner 
Walker upon that subject. 1 then asked him if he was ready to make 
a contract, he replied that he had been unable as yet to give the subject 
any consideration, and declined to take any action in the matter at that 
time. Nothing further was done. He left for his payments and I came 
home by next train. I never saw Agent E. P. Smith after that time, 
until 1 met him at Washington during the pendency of the negotia¬ 
tions, except once in November, when I met him on Jackson street on 
his way to the cars, and once thereafter when I rode in the .same car 
with him from Bacine to Chicago. I had no conversation with Smith 



46 


in regard to the pine timber while riding with him from Itacine to Chi¬ 
cago, nor at any time after my interview with him at Brainard, until I 
met liim at Commissioner Walker’s office in Washington. My negotia¬ 
tions relative to the pine timber were with Commissioner Walker. 1 
asked the Commissioner if I was to be awarded the contract, and he said 
1 was. He made the original draught of the contract, and on the second 
day thereafter the contract was ready for execution, in accordance (as to 
I)rice) with my proposition of $1.C0 per M feet. Just about the time the 
contract was to be executed, he asked of (or said to) Agent Smith: Some 
of these Indians on the reservation have no interest in this timber; 
won’t they be displeased if they don’t get money for timber 1 ” Agent 
Smith replied that very likely they would. The Commissioner then 
asked me if I would buy all the timber on the reservation. I replied 
that I would if he desired to sell it. He then requested me to make a 
proposition for it, which I did. This proposition was a new one, and 
was for a larger amount of timber than was covered by my first proi) 0 - 
sition, which timber it also included ; by it, I proposed to pay $1 per M 
feet. The Commissioner refused to accept this otter. I then raised it to 
$1.15 per M feet, which price was accepted. In the discussion with the 
Commissioner, we estimated that my bid of $1.60 for the Oak Point tim¬ 
ber covered about twenty or thirty million feet of timber, which estimate 
embraced the timber of the Mississippi Eiver and the outlet of Leech 
Lake Eiver, and which was considered as more valuable than the re¬ 
mainder of the timber on the reservation on account of its accessibility. 
The pine included in my first proposition w^as (according to my infor¬ 
mation) principally white pine. In estimating the Leech Lake timber, 
we thought there was about two hundred million feet or more, and it 
was not as accessible as the Mississippi Eiver timber. 

I have always been told that it takes two seasons to get the Leech 
Lake timber into Minneapolis. The Oak Point timber comes out the 
first season; consequently the value of the Leech Lake timber per M 
feet was not as great as the Oak Point timber. I don’t think timber on 
Indian reservations as valuable as that on free lands, on account of there 
being a greater risk of trouble from the Indians, and also, of the neces¬ 
sity of paying higher wages to men for labor on account of apprehended 
trouble from the Indians. I had understood that the Leech Lake In¬ 
dians were troublesome, and that the Oak Point and Mississippi In¬ 
dians were not regarded as very troublesome. 

Supplies to be furnished at the Leech Lake reservation profitably 
would require a steamer to be provided to run through Leech Lake 
Eiver and Leech Lake. I had understood that, in order to do business 
there, it would be necessary to own a steamer, as the logs would have to 
be towed through the lake by steamer, first being rafted, then taken to 
the mouth of Leech Lake Eiver, the rafts being there broken up, and 
the logs run singly to the Mississippi. The principal portion of the 
timber was at the farther extremity of Leech Lake. In view of these 
facts, as I understood them, I made this bid for the timber. After the 
$1.15 bid was accepted. General Walker proceeded to make the contract. 
He (General Walker) drew the draught of the contract himself, including 
the timber on the whole reservation. When the copy was prepared, it 
was executed by Mr. Smith, as agent, and approved by the Commis¬ 
sioner. The Commissioner said the agent was the proper party to sign 
the contract. 

Agent Smith was present nearly all the time during the negotiations. 
The contract was signed by Agent Smith and myself, and approved by 
.Commissioner Walker. The required bond was given. I paid $10,000 


47 


in compliance with the terms of the contract. Smith .saiil to Commis¬ 
sioner W alkerthat the t)rice named (81.15) was better than he had been 
able to l)ave ottered. 

In answer to a question by James Smith, jr., of the commission, Mr. 
\\ ilder said neither Mr. E. 1\ Smitli or any other person connected 
M'ith the Interior Department had any interest whatever in this con¬ 
tract as they were all strangers to me. 1 had no communication with 
any of them, except as above stated. 

Interrogatory by James Smith, jr., of the commission. Yon state that 
Agent E. r. Smitli had no interest whatever in this contract at the 
time of its execution. Has he or any other person connected with the 
Interior Department, since that time, or ever, acquired any interest in 
said contract or the pine so purchased ; or is there any understanding 
that the agent, or any one for him, or any one connected with the Inte¬ 
rior Department, is to acquire any such interest or to particijiate in the 
profits or proceeds in any manner or form I If so, state fully all the 
facts connected therewith. 

Answer. No person connected with the Interior Department before 
or since the contract was made, had, has, or is to have, any interest in 
the contract. 

Interrogatory by James Smith, jr., of the commission. 1 desire yon to 
state, to the best of your judgment and belief, which of the two jiropo- 
sitions, the sale of the pine on Oak Point reservation at $1.00 jier IM 
feet, or the sale of all the timber on the entire reservation as embraced 
in the contract actually executed at the contract price of 81.15, is most 
to the advantage of the Indians interested. 

Answer. I think that the acceptance of the projiosition at 81.15 was 
much more to their advantage than the acceptance of the proposition at 
■81.fid ; and I am more confirmed in that opinion now than 1 was when 
the jiropositions were made. 

Interrogatory by James Smith, jr., of the commission. State all the 
facts within your knowledge relative to specification Xo. (>, now read 
to yon. 

AnsAver. The first 1 ever knew of the Lac Court Orielles pine, was 
from information received from a man hy the name of Goncher about 
the last of November or first of December, 187 l\ lie told me that the 
pine on the reservation had been sold by S. N. Clark, agent of these 
Indians, to a man by the name of Kust for 850,000, but the contract 
had not been approved at AVashington, and that he jiroposed himself 
to buy it, and asked if I would join him in the purchase, saying at the 
same time that it was worth much more than 850,000. He also stated 
that he had been notified from Washington that a bid would be consid¬ 
ered from him. After Goncher’s explaining to iiie the value and quan¬ 
tity of the timber, I declined to join him in the purchase. However, 
dining the day, I made inquiry of two gentlemen in the city, whom I 
supposed were acquainted with the timber, as to its quality and value. 
After my interview^ with the gentlemen referred to, I called iqion E. P. 
Smith, and stated to him the information I had received from Goncher, 
this being the first time I had called upon him or spoken to him in refer¬ 
ence to the Lac Court Orielles timber. Smith said it Avas true that 
Agent Clark had contracted the timber to Eust for 850,()0(), and in his 
(Smith’s) opinion the timber Avas Avortli much more money, and he had 
stopped, or caused to be stopped, the approval of the contract at Wash¬ 
ington. He also told me at this first conversation that the approval had 
been stopped. I le told me that there was over one hundred million feet of 
fimber on the reservation, and we considered it Avorth 81 per M. He 


48 


asked me if I didn’t want to buy the timber, saying that he had already 
secured parties who would give $100,000 for it, but that it ought to sell 
for more. 1 finally told him that I would offer to pay $100,000 for the 
timber on the reservation, and that, if the amount of timber exceeded 
one hundred million feet, I would pay for the excess at the rate of $1 
per M feet. I then made my proposition in the form of a contract, and 
submitted the same to Smith for inspection and revision. The contract 
sent to Smith was revised by him and sent back to me, and by me put 
in proper form, and then again sent to Smith for him to send to Agent 
Clark. 

Interrogatory by Mr. Turney of the commission. What changes were 
made by ]\Ir. Smith in the contract! 

Answer. There were several changes made which he considered as 
guarding and better protecting the interests of the Indians; he also 
struck out a clause allowing me to cut hay for $1 per ton on the reser¬ 
vation, saying that the quantity was limited, and that there was a de¬ 
mand for it among the lumbermen, and that I should pay the Indians 
whatever it was worth in their market. The contract was then for¬ 
warded by Smith to Agent Clark, and I received an acknowledgment 
of its receipt from Agent Clark. Agent Clark also informed me that 
he could take no action on the contract, as he had been ordered from 
Washington to take no furthev action until he received further instruc¬ 
tions from the Department. I know nothing as to what became of the 
contract after that. There was no arrangement or understanding with 
Mr. Smith that he was to receive any benefit from this transaction. 

(Witness’s previous testimony having been read to him, he was asked 
by the commissioners whether he had anything to add to it, and replied 
in the negative.) 

Interrogatory by Judge Jones of the commission. State what you 
know of the timber on Lake Sux)erior, in what is known as the liust 
contract! 

Answer. I know nothing of this timber from personal observation ; 
my knowledge of it is from explorers and from gentlemen here in town. 

Interrogatory. Had you any knowledge at the time you made your 
proposition for that timber of the quantity or quality of the timber, ex¬ 
cept from hearsay ! 

Answer. I had not. 

Interrogatory. Had you any conversation with Agent S. N. Clark 
with reference to this timber or contract that you have not detailed ? 

Answer. I am not positive on that point. 1 think I once saw Agent 
Clark after sending him the contract, and that he said he would have 
been glad to have given me the contract if he could have done so. 

Interrogatory. Do yOu recollect whether he gave you any reason w^hy 
he could not give you the contract! 

Answer. The only reason given was in the letter I received from 
him. He might have repeated it when I saw him after sending the 
contract, and the reason he gave me was that he had been instructed- 
from Washington by the Indian Department. I cannot put my hands 
on that letter now, although I saw it a few days ago. (Letter since 
found and hereto attached, marked Exhibit C C.) 

Interrogatory. Has Agent Clark been in Saint Paul recently ? 

Answer. I saw him here some time during the fall. I only know from 
information that he was here since then. 

Interrogatory. Was he here since the commission first sat! 

Answer. I only know from parties connected with the church-hos- 


49 


pital. One of the olticers of the church-hospital told me he was there 
a week aj^o last Tuesday. He left on Tuesday of last week. 

Interrogatory. He left St. Paul t 

Answer. Yes. 

Interrogatory. Have you a copy of the letter you wrote to Washing¬ 
ton with reference to this timber ? 

Answer. I did not write to Washington. I wrote to Agent Clark. I 
think the coj>y is correct as given in the Saint Paul Dispatch. I will 
produce a capy if required. I don’t find agent Clark’s letter of acknowl¬ 
edgment, although I have seen it within a few days. (Since found and 
attached, marked C C.) I will make copies of my communications with 
Agent Clark. 

Interrogatory. Had you, in your offer for the pine embraced in the 
Rust contract, any arrangement that any person connected with the 
Indian Department or the Interior Department w^as to have any in¬ 
terest therein ? 

Answer. No; not with any person whatever; neither with Agent 
Clark or Agent Smith. 

Interrogatory. I understood you to say that you did not know what 
became of the contract after you forwarded it. Have you seen it 
since ? 

Answer. No; it has never never been* returned to me. I had no 
official communication connected with it, except the letters to Agent 
Clark and from him. Never had an^’communication with Washington 
about it. 

Interrogatory. Do you know how long it is since Commissioner Walker 
went out of office ? 

^ Answer. I cannot tell. ^ly impression is that it was last March or 
April, some tipae after this contract with me was made. Perhaps the 
latter part of February or March, this year. I think it was ^larch. 

Interrogatory by Judge Palmer for defense. Do you claim that you 
are entitled to "any pine except what you pay for 

Answer. I have never made such a claim. 

Question. In these contracts are such clauses usual that you are not 
obliged to take pine except of certain dimensions ? 

Answer. I don’t know w hat is usual myself. In such contracts that 
clause was in so far as I am aware, but my experience is limited. 

Question. Ha«l you any design to cut any timber that you did not 
pay for ? 

Answer. No. 

Question. When you met Agent Smith at Brainard, the first time you 
saw him, how did "he seem to feel, with reference to being pleased or 
otherwise, at the condition of things at that time ? 

Answmr. I don’t know. I can only give my opinion. I inferred that 
he was not very well pleased at my making bids at Washington. I sup¬ 
posed he thought that I had went out of the regular channels from his 
treatment of me. 

Question. Was he offended ? 

Answer. I thought he tried to ignore me. That was only my infer¬ 
ence. I thought he was not pleased, and that he thought I should 
have gone to him ; that was all. I had no extended conversation with 
him then. He told me at once that he had not had time to think of the 
matter, and he did not give me any answer or promises with reference 
to the contract. 

4 s 


A. H. WILDER. 


50 


W. P. Jewett,’ being duly sworn at the instance of the commission, 
testifies as follows: 

Interrogatory b}^ Commissioner Jones. State your name, residence, 
age, and occui)ation. 

Answer. W. P. Jewett; residence, St. Paul ; age, twenty-five years j 
occupation, chief draughtsman, surveyor-geueraPs office, Minnesota. 

Interrogatory. State whether the map here exhibited, purporting to be 
a map of the Leech Lake reservation, Minnesota, was compiled by you; 
and, if so, from what data, and your judgment with regard to its cor¬ 
rectness. 

Answer. I did compile it; partly from official data in the survej^or- 
generaPs office, and partly from information obtained from explorers 
and surveyors. All that portion subdivided into sections, including the 
location of lakes and streams in the subdivided portions, and intersec¬ 
tion of all lakes and streams upon standard and township lines, are 
from official data on file in the surveyor-general's office of Minnesota. 
All the exterior boundaries of the reservations are represented by red 
lines. The reservations were platted from the treaties as given in the 
General Statutes. The addition to the reservations for the Pillager 
Indians was taken from the treaties as laid down in the General Statutes 
and instructions received from the Commissioner of the General Land- 
Office, and the same also in regard to the reservation for the Mississippi 
Chippewas. There are two locations of the lake called Lake Ilassler 
in the Leech Lake reservation. The one shown by the blue margin, 
given by Major P. H. Congar, deputy surveyor, who has the subdi¬ 
visions of the reservation under contract. The other is indicated by 
red shaded lines; the latter making of tlie former two distinct bodies 
of water. The data for the latter location is from T. B. Walker of 
Minneapolis, Minnesota. I believe the map to be correctly constructed 
from the data which I have. 

Interrogatory by Judge E. B. Palmer. Is there anything in the 
data used by you for compiling this map indicating the character of the 
country embraced in these reservations, and the quantity, quality, and 
location of tlie timber; and, if so, what? 

Answer. Yes; to a partial extent. In all of the notes returned by the 
deputy surveyors they have stated in some instances where the lines of 
the subdivisions and township and standard line have entered and 
left bodies of pine timber, and have in their general descriptions 
(attached to their field-notes) alluded in general terms to the character 
and quality of the timber and soil. Where lines are indicated as cross¬ 
ing streams, the width of the same and the flow of the water are indi¬ 
cated, from which a judgment may be formed as to the availability of 
the same for logging purposes or otherwise. None of these indications 
are reproduced upon this map, except as to the general course of the 
streams. 

W. P. JEWETT. 

Sworn to and subscribed before me this 9th day of December, A. D. 
1873. ’ 

[SEAL.J W. S. WILSON, 

JS'otarij Public^ Ramsey County^ Minn. 


N. P. Clarke, being duly sworn, at the instance of the commission, 
testified as follows: 

MynameisN.P.Clarke; residence. Saint Cloud, Minnesota; age, thirty- 



51 


«ix years. I have been engaged in the business of Ininberiu" for six or 
.seven years. 1 am not the Mr. (Clarke who is simken of as mak¬ 
ing the Oak Point contract; nor have 1 ever made any contract with 
]\[r. E. P. kSmith for timber. I have been in tlie Leecii Lake country 
several times, and down through Leech Lake and Leech Lake liiver to 
the Mississippi River. (Referred to maj), Exhibit No. 1.) In going through 
lAHmh Lake and down Leech Lake River no i)ine was noticed in the im¬ 
mediate vicinity of the lake or river. Leech Lake River is a slow, slug¬ 
gish stream, with low land on each side, and in some places tamarac 
and cedar timber running up to the river. Leech Lake River has several 
pockets, which areeasily takenforthe main river, and you oftenruuiutc 
them and have to back out again. These pockets make it more expen- 
Mve to drive logs down tlie stream. I was looking at it with a view tG 
lumbering purposes, intending to secure some land on Roy Riveft 
Leech Tiake River runs througii 3Iud Lake, au<l ]\Iud Lake is ver^’ shal¬ 
low. Logs might be got througii ^Ind Lake by apjilying mechanical 
force, either by getting them across the lake by ancliors or by the as¬ 
sistance of a tug-boat. Logs that are thrown into Leech Lake will have 
to be boomed or rafted and drawn across Leech Lake to the head of 
Leech Lake River, then the rafts are broken uj), and the logs driven 
down Leech Lake River to Mud Lake, and then again boomed or rafted 
and drawn across JMud Lake; and then again broken up and driven down 
the stream to the 3Iississipi>i River. Persons having a contract around 
Leech Lake, and in that region, will be under the necessity of securing a 
steamboat or a steam-tug to take in their supplies and take out their logs. 
Taking thetimberatOak Poiutand that in Leech Lake region, the timber 
being of the same rjuality, if one party could control all the Leech 
Lake timber, would be at least a dollar per M feet in value in favor of 
Oak Point. I mean that it would cost 81 per M feet more to get the 
timber out of Leech Lake to Minneapolis Boom than to get it from 
Oak Point. In getting Leech Lake timber to market, would be a long 
drive, and the water in the IMississippi would get so low, on account of 
the long drive, that it would be expensive to get the logs down to Min¬ 
neapolis Boom. In seasons of very low water, I think it would take 
two years to drive the logs from Leech Lake or its tributaries. If the 
logs were not got down the first season to iMinueapolis Boom, a great 
many of them would go over the falls of Saint Anthony in the follow¬ 
ing spring with the ice, without there was preparation made and a 
boom constructed at Crow-Wing or above. There is no boom in the Mis¬ 
sissippi River above the Minneapolis and Rum River Boom Company’s 
boom that will hold any considerable number of logs. Persons logging 
up in that country would have to construct their own booms if they 
desire to safely protect their logs. Tbe ice in Leech Lake breaks up 
from two to four weeks later than it does in the Mississippi River, and 
you would lose, therefore, from two to four weeks of the best time in 
which to drive your logs, from what it would be on the ^Mississippi 
River. 

Interrogatories by Commissioner Smith. Would it be necessary, in 
order to get out the lumb( r embraced in the Wilder contract, to con¬ 
struct one or more booms on the Mississippi River ; and, if so, at what 
points, and at what expeme? 

Answer. I think it would be necessary to construct a boom at Crow- 
Wing, or above, in order to save the logs from going over the falls. The 
other logs that are cut upon the Mississippi River and its tributaries, 
cominir in the Mississippi anil Rum River Boom Company’s boom before 
the logs embraced in the Wilder contract, that is, on the Leech Lake and 


52 


its tributaries, and Cass Lake and Lake Winiiebagoshisb, would iili tlie 
Mississippi and Eum Kiver booms full, so that the other logs mentioned 
would go over the falls if they were to get down the first season ; and 
if they were not driven down the first season, they would go over the 
falls with ice, when the river broke up the next spring, without there 
was preparation made for booming them at Crow-Wing or above. 

Interrogatory by Commissioner James Smith, jr. You have heard the 
contract with Mr. Wilder read, giving the terms of his purchase of the 
timber upon the Leech Lake and other reservations; will you therefore 
give me your opinion whether, according to the terms of said contracty 
taking into account the location of the timber, extent of the haul, and 
the fact of the work having to be done on the reservation, the same is- 
advantageous, and a desirable one for the Indians, in case their pine 
timber is to be sold, or otherwise % Please give to us the benefit of 
your opinion, fully. 

Answer. I think the price paid by Mr. Wilder is a good price for the 
timber, and is advantageous to the Indians. In exploring or selecting 
timber-lands where the timber could be hauled into good water, we 
usually go three miles back from the stream. If this was Government 
land, and was in market, and I was sending explorers out to explore the 
country with a view' of baying the land, I should not have them go over 
two and a half miles from the w ater ; and if the timber was Norway, or 
an inferior quality of white pine, not over two miles. Eather than to- 
go farther than that, if I wanted x>iDe-lands, I would buy them from 
parties who had previously bought them from Government. The farther 
you go from water the greater the expense in hauling the logs. The 
nearer you can get the timber to water the more trips a team can make 
in a day. The price that has ranged for logs for the last four or five 
years,it is not considered desirable for lumbermen to haul logs over two- 
and a half miles without it is an extra quality of timber, and where it 
can be hauled into good water. In that case they have been hauled 
three and a half miles, this being the farthest I have ever knowui of any 
being hauled on the Upper Mississippi. 

Interrogatory of Commissioner James Smith, jr. Under this Wilder 
contract, you will observe, the timber is to be obtained and paid for from 
time to time, while a long term of years is given to Mr. Wilder to re¬ 
move the timber; considering the contract in that respect as w’ell as in 
others, is the contract, in your opinion, desirable and advantageous to* 
the Indians, or otherwise ? 

Answer. I think that this contract is an advantageous contract for 
the Indians. The usual price paid for hay as stumpage on grass is 50- 
cents per ton, when there is anything paid; it is not customary to it.ay 
anything in that part of the country. 

Interrogatory by Commissioner James Smith, jr. Mr. Clarke, we refer 
you to a portion of the contract relating to the size of timber to be cut 
and quality, &c., to be paid for, and w'hile this involves a mere legal 
construction of the contract, yet it is supposed that the interpretation 
of practical lumbermen may be of value, and we desire your understand¬ 
ing of this contract in these particulars. 

Answer. My understanding of the contract is, that there could not 
be any timber cut by the contractor under 14 inches without the con¬ 
tractor paying for it at contract rates. It is usual to have the size 
stated in the contract, down to w'bich the contractor was to cut his- 
timber; the size ranging from 12 to 14 inches, 25 to 30 feet from the 
ground. 


53 

Upon cross-examination by Judge E. B. Palmer, witness testifies as 
follows: 

Answer. The streams connected with these lakes are very crooked, 
and tlierefore increases the distance very much. There is a consider¬ 
able ditlerence in the quality and value of the timber in this region, 
covered by the Wilder contract. I would rather pay 82.50 i)er M feet 
for the stuinpage, included in this Wilder contract, if I could have the 
privilege of going in and culling it, than take the whole amount covered 
■by the Wilder contract at 81 perM. It costs just as much to haul and 
<li‘iv’e and manufacture common or poor timber as it does extra. I mean 
by common timber the quality and not the size. Lumber from a common 
lot of logs would now be worth from 810 to 811 per M, and for an 
extra lot would be worth from 811 to 815 per M. There is always a 
scarcity of the upper grades of lumber. That is what makes the stumpage 
50 high on the choice prices of timber. 1 have some pine land where 
the timber will go into Boy Biver. It would come|into Leech Lake, and 
would have to take the same course that the Leech Lake timber would. 
It was selected und^r my direction and with care. My pine on Upper 
Boy River, I understand, is better in quality than the average of pine 
around Leech Lake. My pine on an average could be got out with about 
the same expense as the average of pine on Leech Lake. I would be 
willing to sell my pine on Boy River, of the sizes named in the Wilder 
contract, at 81 per M feet. Fires are frequent in that country. Under 
a contract for any term of a considerable number of years it would be 
affected from the frequent occurrence of these tires, and if there is a 
heavy tire goes through a piece of standing timber, if the timber is not 
cut within two years it is considered worthless. A heavy tire kills the 
timber, and the worms get in and destroy it. Where timber is cut or 
lying loose on the bank, and a tire gets into it, which is not common, it 
is generally burned up. The usual amount of pine per acre on the Upper 
Mississippi is from three to six thousand feet; this is called good pine. 
I don’t mean that the whole country will average that amount. I mean 
to include pine land. 

y. P. CLARKE. 

Sworn to and subscribed before me this 11th day of December, A. D. 
1873. 

[seal.] W. S. WILSON, 

Notary Puhlic^ Ramsey County, Minn. 


Mr. N. P. Clauke, re-examined by the commissioner, testifies as fol¬ 
lows : 

Interrogatory by Judge Jones. State what you know in reference to 
a contract ma(ie with Merriam for Red Like and Pembina pine, and 
whether any offer for the same was made by you. 

Answer. I know nothing about the contract except from hearsay. 
About a year ago last October I heard that the Red Lake pine had 
been sold to Merriam or MerDman, of Minneapolis, for 82.50 per M. 
I thought perhaps there was some money in it, and I would stop the 
approval of the contract for a few days until I could investigate it. I 
sent a telegram to the Commissioner of Indian Affairs, Washington, 
offering 83 per M for it. Upon making inquiries about the timber, and 
considering the matter, I concluded I did’nt waut it, and withdrew my 



54 


bid. We consider in bidding for Government contracts that we have 
the right to withdraw our bid at any time before the contract is awarded.. 

Interrogatory of Commissioner Jones. State whether you had any con¬ 
versation or communication with Agent Smith previous to the with¬ 
drawal of your bid, in reference to this matter 5 and, if so, what it was. 

Answer. I did not have any conversation or communication with 
Agent Smith, or any other party interested in the Ked Lake contract, 
known by me to have any interest, previous to the withdra wal of my bid. 
I do not know Merriam oy sight. He is said to reside at Minneapolis. I 
am not the party that made the bid for the Oak Point pine. 

Upon cross-examination by Judge Palmer, witness testified as follows r 

I was not notified that my bid for the Ked Lake pine was accepted. I 
don’t know what did become of it. I did’nt want it, because I did’nt 
think it was worth the money, and I was satisfied that the $2.50 offered 
for it was more than it was worth. The Red Lake pine is situated in 
the northwestern portion of the State and tributary to Ked Kiver. The^ 
market is down the Red Kiver to Manitoba and the British possessions. 
To-day they are selling sawed dimension-lumber at Minneapolis at from 
$10 to $11 X)er M, and at Winnipeg, Manitoba, from $25 to $28 per 
M. It w^ould i^robably cost from $2 to $3 per M more to haul and 
drive the average of the Ked Lake timber to Winnipeg than it would 
cost to drive the Leech Lake timber to Minneapolis. In Winnipeg it is 
paid for in gold, and in Minneapolis, currency. Persons having the Red 
Lake contract enjoy a i)artial monopoly of the market. 

N. P. CLARKE. 

Sworn to and subscribed before me this 11th day of December, A. D. 
1873. 

[SEAL.] W. S. WILSOK, 

Notary Fublic^ Bamsey County. Minnesota. 


James Whitehead, being duly sworn on the x)art of the defense,, 
testified as follows: 

I reside at Minneapolis, Minnesota. My age, fifty-tliree years. I 
have been lumbering for the last four years near White Oak Point, on 
the Mississippi Kiver. I am familiar with the country around AVhite 
Oak Point and Leech Lake. I have been through it occasionally for’the 
last eighteen years. I have lived at White Oak Point from 18G7 to 1870 ; 
I have resided at Leech Lake from 1857 to 1807. I lived on the south¬ 
western shore of Leech Lake. I think the average width of Leech Lake is 
eight miles, and the average length thirty miles, as it is estimated. I am 
familiar with Leech Lake Kiver ; it is of sufficient depth of water for navi¬ 
gation, but sluggish, running through rice-bottoms, forms pockets ; we 
have to stretch a boom across these pockets to keep the logs from running 
into them. I am familiar with Mud Lake; the water is very shoal, and 
a bad place to get logs through ; thereis no current through tlie lake ; the 
bottom is soft mud, not being a pole-bottom; we have to boom the logs 
and draw them through. 

Question by Judge Palmer. Describe the process by which logs must 
be taken from Leech Lake through to the Mississii)pi Kiver, beginning 
at Leech Lake. 

Answer. They have to be boomed in the usual way, by putting a 
boom around them, a strong boom at the southwest extremity of the 



55 


lake, and after tb^ ice goes out they have to be taken across the lake 
with a capstan or by taking a steamer. 

Question. Then, when turned into the river, are they driven singly to 
Mud Lake ? 

Answer. Yes; and there boomed again, and turned out and run into 
the Mississippi, as there are no more lakes to go through. 

Question. You say they have to be separated and run singly through 
the river I 

Answer. Yes ; the booming process is carried on in the lakes where 
there is no current. 

Question. Now, what is the difference (in time I mean) between the 
breaking up of the ice in Leech Lake and in tlie Mississippi River? 

Answer. From three to four weeks in favor of the river; the river is 
open that much sooner. 

Question. It disappears from the river that much sooner ? 

Answer. Yes. 

Question. Have you examined and been through the pine at Leech 
Lake f 

Answer. Yes. 

Question. How was it immediately around Le*ech Lake? 

Answer. It is some distance from the lake; it comes down in places, 
but there is no good pine immediately around the lake ; it is very much 
the same at Oak Point. The Oak Point reservation will not turn out 
such first class lumber as the reservation above. 

Question. Does it vary over the reservation ? 

Answer. Yes. 

Question. Did you make a bid for the Oak Point pine ? 

Answer. Yes. 

Question. That included in the Clarke contract ? 

Answer. Yes. 

Question. At about the same time that Clarke did ? 

Answer. Yes ; and in answer to the advertisement in the Minneapolis 
Tribune. 

Question. Did you make that upon an examination of the pine ? 

Answer. Yes; I had been over the ground previously. 

Question. AVhat was your bid f 

Answer. I think it was 81.25 or $1.20 per thousand feet. 

Question. Do you know of other bids being made ? 

Answer. I did not at that time. 

(^)uestion. Do you now understand that' that was so ? 

Answer. Yes; by hearsay, that’s all. 

Question. You understand that there were other bids ? 

Answer. Yes. 

Question. Have you ever made any bid for this ? 

Answer. No. 

Question. What was a fair price for the pine covered by the Clarke 
contract ? 

Answer. I think that at that time my bid was a fair price. There was a 
portion of that (a large portion) which had to be boomed through a lake 
seven miles long. 

Question. Have you read the contract called the “Wilder contract. 

Answer. Yes. 

Question. Are you accpiainted with the pine embraced in that con¬ 
tract ? 

Answer. Yes. 

Question. Its quality and extent ? 


56 


Answer. Yes, 

Question. What, in your judgment, is the fair value of that i)ine per 
thousand feet under that contract? 

Answer. At the time I bid on the White Oak Point I should have 
been willing to extend that bid to the whole reservation and made my 
bid with that view, but I expected to have two years to make my first 
payment, so as to get the lumber to market. 

Question. Taking the contract just as it stands with reference to pay¬ 
ments and with reference to paying so much for hay, what do you think 
of it ? 

Answer. I can only judge for myself. I am a lumberman, and I 
should not be willing to give any more, and don’t think I should take 
the contract off Mr. Wilder’s hands at the present time. 

Question. Does it require iiny longer time to take pine out at Leech 
Lake than at White Oak Point f 

Answer. Yes ; from the fact that the lake breaks up so much later. 

Question. How thick is the ice in winter there, generally ? 

Answer. It is over two feet on the average. I have seen it three 
feet thick. 

Question. Does the iciB in spring go out with any current? 

Answer. No 5 it remains there till broken up ^by the w ind. I have 
kept a record of the opening of the lake for ten years; it opens from 
the 10th to 15th May. 

Question. What is the usual time for logs starting to go down the 
Mississippi ? 

Answer. We usually start about from 15th to 20th April. 

Question. How long before ice breaks up in the lakes is that? 

Answer. About three weeks. 

Question. How long would it take to get logs from the lake to the 
river ? 

Answer. If you had a boat it ought to be taken from the head of 
this lake thirty miles in thirty-six hours, and turned right into the 
river. 

Question. Then as to the river? 

Answer. It is questionable how long that would take. The river 
branches off in places and loses itself in pockets; it is tedious work in 
these rice-bottoms. 

Question. In getting logs out after high water in the spring, where 
would you put them ? 

Answer. Above Pokepma Falls there is a good chance. I know of 
no other except at Brainard, and that is not calculated to hold any 
quantity. 

Question. Would it be necessary for Mr. Wilder to make a boom ? 

Answer. Y^es, during winter, to stow the lumber. Brainard is not 
available for general purposes. The highest boom available is Coon 
Creek. That is the place they store them at and run them down in 
small quantities to Minneapolis. 

Question. Is there any danger of the Leech Lake pine taking an ad¬ 
ditional season to get it out ? 

Answer. Y"es. I don’t think, on the average, the lumber could go 
through in one season. Sometimes it could, but generally not. 

Question. The case of supplies: is that different at Leech Lake and 
Oak Point ? 

Answer. Very little. There would be a little difference. At Leech 
Lake a great deal would be hauled during winter; the difference would 


57 

not be inuch. We were reckoning on that, that it would be 10 to 15 
cents on the 100 difference. 

Question. The cost of labor ; how is that ? 

Answer. That would make a difference; and* in fact, the waste in 
the lumber, especiallj’ in Norway pine, the blackening of the sap, de¬ 
prives it of value very much. There is quite a loss that way. The 
white pine is a thinner sap. 

(,>uestion. Is there much Norway pine ? 

Answer. I don’t think the majority is Norway—probably about one- 
third; I think on the Wiunebagoshish more than a third. 

(Question. Have you any idea as to the difference in time in getting 
lumber from Leech Lake and White Oak Point? 

Answer. It would take about sixteen days longer. They cannot com¬ 
mence there as soon as on the river. 

Question. What would you have to paj' men for taking care of the 
logs ? 

Answer. I could not say what they charge for boomage; they charge 
so much i)er thousand feet. 

((Question. Would it be necessary to require a steamer to carry out 
such a contract as Wilder’s ? 

Answer. Certainly ; it would be cheaper. 

C^luestion. Taking all these things into consideration, what would be 
the difference in cost per thousand feet of lumber, taken from Leecli 
Lake and from White Oak Point? 

Answer. I had made an estimate of the actual cost, and reckoned the 
difference would be about 75 cents per thousand. 

Question. Taking the matter in a practical way, and considering the 
danger from burning, and so forth, what would be the fair difference of 
cost altogether ? 

Answer. It would be pretty hard to estimate, but I should i)ut it at 
$1, about, altogether. 

Question. State whether or not it is usual to put clauses in contracts 
limiting the size to be cut. 

Answer, ^es; similar to the clause in the Wilder contract. I have 
had such contracts. 

Question. And if any timber is to be cut below that size would it be 
scaled and paid for? 

Answer. Yes. 

Question. In your understanding as a practical lumberman could he 
take any of that i)ine without paying for it t 

Answer. I don’t think he could. The scaler generally comes, who is 
authorized to do the scaling, and it depends upon him. If he under¬ 
stands that he is not to scale anything under a ccTtaiii size, that is a 
different thing. I could not see anything in the contract that would 
lead me to supjiose that Wilder was entitled to anything under a certain 
size. It is out of his contract, and he has no more right to do so than 
any other person. 

Question. What was the contract for hay ? 

Answer. One dollar per ton, under the contract. 

Question. What was the value of hay there ? 

Answer. It was the first time I ever knew of hay being paid for, but 
I have heard of these matters at 50 cents per ton by those who entered 
land. 

Question. Have you ever heard of hay being contracted for at more 
than that ? 

Answer. No. 


58 


Question. Is there any difference between lumbering on the Indian 
reservations and other lands, with respect to safety, &c. ? 

Answer. I think there is a little exaction by Indians; but I dou^t 
know that there is much danger, or a great deal more than on other 
lands. 

Question. How is it with Leech Lake or Pillager Indians as to being 
exacting ? 

Answer. They are a little rude sometimes j a little more so than other 
Chippewas. 

Question. What is the present feeling of the Indians ? 

Answer. Pretty quiet at present. I can only tell by talking to them. 
I saw only one, to talk to, since this contract was made. He wanted to 
know if their pine had been sold. I said I thought so. He complained 
that he thought that they ought to have been consulted. He knew 
what the price was. He had that pat. At that time he said to me that 
they had made up their minds that they would not take their pay till 
they were consulted on the pine matter; but they took their pay. 

Question. Has any complaint been made to you with regard to the 
price paid ? 

By Mr. Commissioner Jones : 

Question. I understand you to say that when you made your bid of 
$1.25 per thousand feet you would have been willing at that time to 
have made the same bid for all the pine covered by the Wilder contract ? 

Answer. Yes. 

Question. Will yon state what circumstances have since occurred to 
change your opinion ? 

Answer. The hard times and having to pay money in advance. It 
would be almost impossible for a common operator to pay under two 
years. If I could have tw^o years to go into market I should still make 
an offer of that kind. 

Question. Have you the same opinion now^ that you had at that time 
with regard to the value of the pine at Oak Point and on the balance 
of the reservations covered by the Wilder contract ? 

Answer. Yes, about the same. The quality was all I could Judge 
from, and the quantity. 

Question. What is the difference of the value of the pine at Oak Point 
covered by the contract and the balance of the pine in the reservation 
covered by the Wilder contract ! 

Answer. I always regarded the Leech Lake pine as of much better 
quality. At the time I made my bid, I thought it w^as enough better 
to make up the difference in other res})ects. 

Question. Is that still your opinion ? 

Answer. Yes. 

Question. I understand you to say that in the average of years it 
would be doubtful whether you could get the pine out the same year ! 

Answer. Yes, but the fact of the cost of driving would be overcome 
by the quality of the timber; but we cannot account for its coming 
down the same season. If it could be driven it would be quite as prolit- 
able as the other. 

Question. Do you take into consideration the delay of two years in 
speaking of profits ? 

Answer, ; that we cannot account for. My estimate was based 
upon the supposition that it could be brought down the first year. 

Question. What would you say as to the difference between pine on 
the two locations, if you consider that you got it out the first year, and 
another year doubtful whether you could or not'? 



59 


Answer. It would make a difference in tbe value of 81.50 on the thou¬ 
sand. Perhaps one-quarter is Norway pine, and by lying in the water 
over one season it would be damaged 81.50 per thousand. It would 
affect the value of the timber, and then there is the time of delay in 
realizing. 

Question. In reference to the injury to the lumber by water, what 
would be the difference in the value per thousand feet, compared with 
that got out the first year ? 

Answer. To a small operator like me it would make a difference of 
82 on the thousand. 

By Mr. Commissioner Smith : 

Question. Give the percentage. 

Answer. It would diminish the value of the lumber, and the disap¬ 
pointment in realizing would make the difierence in value of 8- per 
thousand feet. 

By Commissioner Jones : 

Question. Would that cover the difference, allowing for interest on 
capital ? 

Answer. I should think so ; but the calculation could be made better 
by pencil and with time. 

Question. You had a conversation with an Indian with reference to 
this matter ; who was that ? 

Answer, lie was a Bear Island Pillager. 

Question. Was he a chief ? 

Answer. No; don’t think I could state his name so that you could 
find out. 

Question. When was this conversation ? 

Answer. Just shortly before the payment at Leech Lake ; don’t know 
the date ; it was this last season. I was passing through the country. 

Question. What did he say ? 

Answer. He asked me first if I had heard of the sale of their timber. 
I said‘‘Yes.” He said, “We are dissatisfied.” I asked why. He said 
there was nothing said to them about it. I asked if he knew how 
much was to be realized. He said yes ; he had that very pat. He 
did not raise any objection to that, but he said they had not been con¬ 
sulted, and did not know what was to be done with the proceeds. I 
asked him what they intended to do about it. He said “ We won't 
take our pay until we have satista(;tion about it.” 

Question. Was he speaking in English ? 

Answer. No; but I understand Chippewa. 

Question. Did you live there at that time ? 

Answer. No; I was passing through the country, looking at lands. 

Question. Do you consider that you liave had suflicient experience 
as a lumberman to have sufficient knowledge to be able to say whether 
this contract, called the Wilder contract, was a fair one to make and 
advantageous to the Indians ? 

Answer. I can give my opinion for what it is worth, but I would 
sooner not answer the question. 3Ien who have conducted lumbering 
longer than I liave should know more about it; but I said, as to tlie 
contract, that I thought the Indians were doing very well by it. 

Commissioner Jones here read the terms of the contract to the 
witness. 

Witness. That is how I understood the contract. 

Question. As far as you have the means of judging, what do you say 
as to its being a fair contract so far as the Indians are concerned I 


60 


Answer. 1 tliiuk it is as well as they coaid do. I felt when I first 
read it that the stum page might be sold higher, but come to consider 
the thing all over it is a large contract, and is so liable to suifer by fire 
Sifter the first year’s cutting—I think, upon the whole, it is a pretty 
good bargain for the Indians. It is liable to burn through as soon as 
cut. 


By Judge Palmer ; 

Question. What is the fact as to fire running through a country of 
that kind ? 

Answer. I have witnessed the fact in many cases. If lumber is cut 
within two years if the fire runs through it it is about valueless. In 
1865 in that country a large proportion of timber on Boise Kiver was 
burned. 

Question. Do you know of any sales of timber in that vicinity ? 

Answer. I don’t recollect of anv now. 

JAMES WHITEHEAD. 


Sworn to and subscribed before me this 12th day of December, A. D. 
1873. 


WILLIAM S. WILSON, 
Kotary FiihliCj Ramsey County^ Minnesota. 


William P. Ankeney, having been duly sworn, testified as follows: 

By Commissioner Jones : 

Question. What is your name, residence, and occupation ? 

Answer. William P. Ankeney; Minneapolis; lumberman. 

Question. How long have you been engaged in lumbering ? 

Answer. I believe twelve years next spring. I have been i)retty ex¬ 
tensively engaged in it, I commenced with from one to three millions, 
up to seventeen millions two years ago, and about ten millions last 
year I 

Question. Have you the means of knowing the value of the timber 
(stumpage) included in the Wilder contract s 

Answer. No ; I have not the most distant idea of it. 

Question. It is pine timber on Leech Lake reservation, and within 
four miles of any navigable stream ; to cut all over 14 inches in diame¬ 
ter, 24 feet from the ground. That would I suppose go into the Bed 
Biver 'I 

(Map shown to witness by Judge Jones.) 

Witness continues : I have never been on the ground; what I know 
about it would be more hearsay than a conclusion of judgment. Of pine 
land in that country there is a good deal worth probably $3 and I pre¬ 
sume a good deal not worth $1 iier thousand. I mean that there could 
be some selections of fine quality. A man could go and pick out pine 
worth $3. If he has to take Norway I think that would make $2 differ¬ 
ence, and probably it would be better to pay $3 for the choice. 

Question. If you had to go as much as four miles from a navigable 
stream what difference would that make? 

Answer. It would make considerable difference ; it would be attended 
with considerable expense. It costs about 75 cents per mile more. Lum¬ 
ber within one mile can be hauled for 75 cents, and if you go back four 
miles you must add at least $1.50 to it. 



6 J 


Question. Wbat would be tbe difference in tbe value of pine tliat you 
could get out tbe first year and that wbicb you could not get out until 
two years ? 

Answer. Probably 81 per thousand. It would be a question of inter¬ 
est on money. It iniglit be 82. It would be a guess. I could not say 
exactly. It would be attended with additional expense in driving, and,, 
of course, interest on tbe investment lying over. 

Question. How with reference to tbe value of tbe lumber ? 

Answer. I tbink there would be injury to tbe logs; there would be 
sap-stain. We don’t regard that as being so valuable as tbe other; 
don’t know that this would be so in one year, or but slightly; probably 
not at all. 

Question. It is claimed that Leech Lake is frozen up during winter 
two or three feet thick, and that some of it could not be towed tbrougli 
that year; what difference would that make ? 

Answer. I tbink that any delay of that kind would be attended with 
considerable expense. 

(Question. Have you ever bad any experience in that way ? 

Answer. No, not actually; but we have had contracts where lumber 
would have to be towed through smaller lakes. In small lakes it is car¬ 
ried across by ropes and anchors. We regard all these things as addi¬ 
tional expenses; and if we have one or more lakes to qross it is worth 
more. 

Question. What is done with the timber, and how is it shaped after 
it is rafted ? 

Answer. I have no actual experience, but I think the lakes are boomed 
and they are carried across four or five thousand feet at a time. They 
have to wait for favorable winds, and it is not an easy job, and is one 
that lumbermen don’t care about doing. They tow across at night some¬ 
times, when the wind is favorable. I judge by hearsay that they have 
sometimes to lie by a week or two on account of unfavorable winds. I 
never was at Leech Lake, and don’t know whether it is rough or smooth, 
but I don’t think it would be an easy matter to get logs across that lake. 
It would require a strong boom. 

(jjuestion. Can you state anything else with reference to this contract ? 

Answer. I don’t know that I know the price. The price is 81.15 per 
thousand feet, the contract running ten years. 

(Here Commissioner Jones recited the terms of the contract.) 

Witness resumes: From what I know of the country there it seems 
to be a fair price on the part of the Government. In that kind of con¬ 
tract the probabilities are that the stumpage would be worth more 
ten years hence. I think it would be a favorable contract for one or 
two years. As it stands open for a series of years I think it would be 
worth more, but I may be mistaken. 

Question. You understand that 820,000 are to be paid each year ? 

Answ^er. Then I don’t think I should make the contract at 81.15 ; it • 
might pay or not. I should not think of taking it unless there was 
money in it. There w’as always great expense in new countries like 
Leech Lake; it is attended with considerable expense. I have had con¬ 
siderable experience of new countries ; those w’ho come after, of course, 
eceive the benefit. 

By Judge Palmer : 

Question. Is not the risk greater in going upon Indian reservations 
than it w'ould be upon free landf 

Answer. I should so regard it. Indians are not desirable people ta 


62 

have around you ; they are apt to take things that don^t belong to them ; 
they are a nuisance. 

Question. How about fires ? I don’t mean from maliciousness, but as 
to tires generally in such places ? 

Answer. I should prefer to be where Indians were not in the habit of 
coming around. 

Question. What is the effect of fire going through a country ? 

Answer. If fire runs through, it is better to cut very soon; if you 
don’t, the timber decays, and if left standing for some years, any 
strong wind is very apt to throw it down and it becomes worm-eaten. 
It would be hardly salable then; it would be depreciated considerably. 

Question. How about booms % 

Answer. I think it would be necessary to have a boom on the lake. 
The Leech Lake River may be such a kind of riv^er that the logs would 
remain there. It would be necessary to keep them together, as high 
water would probably carry them out, otherwise. 

Question. There is a provision in the contract that Wilder is to pay 
$1 per ton for hay ; how about that ? 

Answer. I think I have been in the habit of paying $6 per ton for 
hay; I think I have paid as low as $5. 

Question. Are you able to state what the stumpage of hay is ? 

Answer. No. 

Question. In a contract of this kind how much grass would be re¬ 
quired to cut 20,000,000 feet of lumber each year ? 

Answer. I think they would want several hundred tons ; it would de¬ 
pend upon the distance they would have to haul; for four miles they 
would require an additional number of horses and oxen. To cut 
20,000,000 of stumpage I should say from two hundred to three hundred 
tons of hay; that should be cut in August, not later; should be put up 
where cut and hauled during the winter. 

Question. Would that be attended with some danger as to burning ? 

Answer. Yes. 

Question. Considering that feature of the contract, and the feature 
that requires pine to be cut at a distance of four miles from streams, 
what do you say as to $1.15 per thousand feet being a fair price % 

Answer. My impression is that it would be, taking all qualities of 
timber. For one or two, or three years, I would not want to contract, 
but for ten years it would be different. We expect that lumber will be 
higher in ten years ; that is the general experience. 

Question. You would prefer your choice in selection at $3 per thou¬ 
sand ? 

Answer. Y^es. 

Question. Do you know anything of this Clarke contract ? 

Answer. Nothing particularly. I think I signed a paper for him, but 
I have no knowledge of that particularly ; don’t remember now ; but 
my impression is that it stated myjudgment at the time. 

Question. Where would supplies come from to them 

Answer. I think from here, or from Duluth. By railroad they could 
reach Mud Lake, and from there they would have to be taken by team. 

Question. How near to this Leech "Lake region is there a cultivated 
country, from which provisions could be taken ? 

Answer. Nothing nearer than Saint Cloud or Ottertail. That is a 
distance of about two hundred miles. I should think the best way 
would be to take a steamer with the party. 

Question. Could lumbering be carried on without hay ? 

Answer. No ; if they had nothing better they would have to cut the 
frozen grass ; the loss of hay would be a very material loss. 




63 

John S. Pillsbury, having been duly sworn, testified as follows: 

* By Commissioner Smith : 

Question. Please to state your residence. 

Answer. Minneapolis. 

Question. Are you engaged to any considerable extent in lumbering ? 

xVnswer. Somewhat; not to much extent; but my business leads me 
somewhat in that direction. 1 have more or less dealings with lum¬ 
bermen, furnishing supplies. That is a large s mount of my business. 

Question. Have you been on the Ui)per Mississippi near White Oak 
Point on Leech Lake ? 

Answer. 1 have never been in the ])ine regions. 

Question. Do 3 011 know' the usual distance that lumbermen haul their 
logs to streams—the distance the.y cut from the streams ? 

Answer. 1 knew from their talk their opinions, and from i)roperty 
that 1 have. The calculation is generally from one to three miles that 
timber is hauled for lumbering purposes. 

Question. Have you heard read the contract called the Wilder con¬ 
tract for the Leech Lake timber ? 

Answer. No, 

Question. Have 3 011 any knowledge of the extent of country imfiuded 
in the Leech Lake and three other reservations, viz. White Oak Point, 
Winebagoshish and Mississippi Chippew as ? 

Answer. 1 have had it pointed out to me, but never took sufficient 
pains to ascertain the extent covered b 3 ' that contract. 

(Map shown to witness, and the extent of country covered by the 
Wilder contract pointed out.) 

Question. Do you know enough about it to give an opinion ? 

Answer. I might state in 1113 ' ow n w'a 3 ' that there were some parties 
at each place who made an examination of those lands for the purpose 
of purchasing the stumpage, and 1 was asked by them if I w'ould like 
to take an interest in it, and 1 understood that it would take two 3 'ears 
to get the lumber to the Mississippi; and after hearing their reports I 
declined, because I did not think it would be profitable to enter into the 
si)eculation. If they could have got the lumber to the Mississippi the 
first year 1 might have entered into it. 

Question. This contract between Wilder and the Indian Department 
provides for the ])urchase 1 ) 3 ' Wilder of all the timber of this entire 
reservation, including the timber at Oak Point and all the timber w ithin 
four miles of an 3 ' stream of an 3 ' magnitude, 810,000 to be paid the first 
year and $ 20,000 each year afterward to cut all the timber—all the pine 
and cedar timber—on this reservation, and to pay $1.15 per thousand 
feet; to cut all above 14 inches, not being bound to cut under that size, 
but if he does that is to be paid for in the same wa 3 ". What is your 
judgment as to w hether this contract altogether—(probably two hun¬ 
dred millions might be cut,) taking everything into consideration as to 
supplies and other matters that a business man should take into con¬ 
sideration—w hat do you think of the contract ? 

Answer. As I understand, the timber would have to be hauled from 
one to four miles. As 1 before said, I understood that most of the tim¬ 
ber cut on this reservation would require two seasons; that is, before 
w'e could get it to our booms, and I refused to have anything to do with 
any contract that would re<piire two seasons to get logs to our booms. 
The price, I understand, is $1.15 per thousand, but the contract offered 
to me w as at $1. My opinion would be, how'ever, that, taking it at $1.15, 
and supposing it to take two years to place it in the booms, would be a 


64 


good, fair pri( 3 e ; but I am not a practical lumberman. If I bought 
scumpage in this way it would be to make money. 

Question. Do you know enough about the business to know whether 
it would be necessary to procure a steamboat to convey the logs down 
the lake'? 

Answer. I understood from ^Ir. Washburn lumbermen differed, but 
that in his opinion it would j but whether it could be driven 1 have Jio 
personal knowledge. 

By Judge Palmer : 

Question. Do you know anything about the price of grass or hay 
there ? 

Answer. I do not. 

Question. Do you know whether it is usual to limit the size of the 
timber cut ? 

Answer. Yes; I understand that they generally cut it up to 14 inches^ 
some cut it at 16 inches; some at 12. 

Question. But all paid for that are cut ? 

Answer. Yes. 

Question. When this proposition was made to you was there an ex¬ 
amination made by those gentlemen ? 

Answer. I understood that there had been. 

Question. And your information was the result of that exploration ? 

Answ^er. Yes. 

Question. Were you one of certain parties who signed a paper for 
F. P. Clarke, saying what, in your judgment, was a fair price for his 
contract ? 

Answer. I was asked to sign it, and I think I did, with others. 

Question. That paper expressed your fair judgment ? 

Answer. Yes; so far as I was informed as to the value of the pine. 

Question. Do you remember what that price was ? 

Answer. 1 think it was for something over $1.15; my impression is 
that it w^as; could not exactly say the sum now. It was for the timber 
lying along the Mississippi. 

By Commissioner Smith: 

Question. How long have you lived in Minneapolis ? 

Answer. In Minneapolis and St. Anthony nineteen years. 


Wm. P. Allen, having been duly sworn, testified as follows: 

By Commissioner Jones : 

Question. State your name, age, residence, and occupation. 

Answer. I am thirty years of age j my name is Wm. P. Allen, and 1 
live at Minneapolis. I am a Government surveyor and explorer. 

Question. Have you any knowledge of the character of the timber 
in the Leech Lake reservation 1 

Answer. I have. 

Question. Have you been there ? 

Answer. Yes. 

Question. Over what portion of it! 

Answer, i^early the whole of it. I have been through all that coun¬ 
try, exploring. 

Question. Do you know what proportion of that reservation was in* 




chided in the contract with Clarke, called “ the AVhite Oak Point con¬ 
tract T’ \\ 

Answer. No ; I know where White Oak Point is. 

Question. State whether the timber there, at White Oak Point, is 
worth more or less than the timber on the whole reservation '? 

Answer. It would be worth more, everything considered. 

Question. Are you fiimiliar with the timber round Winebagoshish 
Lake ? 

Answer. Xo ; only that portion in the White Oak reservation. 

Question, tiave you seen the so-called ‘‘ Wilder contract ? ” 

Answer. Xo. 

(Here commissioner recited the terms of the Wilder contract, and 
proceeded in the examination, as follows:) 

Question. Have you the means of forming an opinion as to whether 
that contract would be favorable or otherwise for the Indians? 

Answer. Yes; I can form a judgment on the matter. I think it 
would be favorable to the Indians. 

Question. What is your reason for so thinking ? 

Answer. I know nothing about other sales, but I know what timber 
is considered worth at different points on the Mississippi, and I know 
something of the comparative value of the other timber. The stump- 
age on the Mississippi, (there has been none cut at Leech Lake yet, as 
far as I know,) below the Leech Lake, is worth from $I to 83 ])er thou¬ 
sand. I mean lower down the Mississippi Liver, and depending upon 
the situation and quality of the timber. 

Question. Do you say that this contract with Wilder is as good a 
contract as could have been made for the Indians, or not ? 

Answer. From my experience in locating timber, and examining it, I 
should not think it is worth more than Wilder has paid for it, because it 
is an inferior kind of timber, one-third to one-half being Xorway pine. 
The country about Leech Lake is very hilly. It is very difficult to make 
roads through it, and Leech Lake itself is very boisterous, and a bad 
lake to drive on. The Leech Lake Liver would bo fair if kept boomed. 
There is Mud Lake to go through, which is not a good lake for driving 
purposes. Xo lumbering has yet been done from Leech Lake, so far as 
I know, so that I could not say what would be the expense of driving; 
but, of course, the farther you go up the more expensive it is. 

Question. Do you know of any other matters bearing upon the value 
of this contract ^ 

Answer. Xo. 

Question. Do you know anything of the liability of a party to have 
his loss detained more than one season f 

Answer. Xo; unless it was an unusually bad season, or by accident. 

Question. What would be the best means of getting logs through 
Leech Lake—by steam-power? 

Answer. Yes ; I think so. I don’t think they could be got through 
else. I have crossed the lake perhaps a dozen times during this sum¬ 
mer, and could not get across unless there was a strong wind blowing, 
which would make it risky driving. 

Question. What would be the difference in the value of the stumpage 
between two contracts—one for a four miles’ haul and the other for two 
miles ? 

Answer. I don't want to give an opinion on that point. 1 am not a 
lumberman. 


66 


T. B. Walker, beeu duly sworu, testified as follows: 

By Commissioubr Jones : 

Question. State your name, age, residence, and occupation. 

Answer. My name is T. B. Walker; my age is thirty-three years, and 
I Ihe in Minneapolis. I am a Government surveyor. 

Question. Have you been engaged in the lumbering business ? 

Answer. Yes; more or less for several years. 

Question. Have you any knowledge of the character of the timber on 
the Leech Lake reservation f 

Answer. I have a general knowledge of it. 

Question. Have you made any explorations there f 

Answer. I have made explorations all through that country. 

Question. Have you the means of stating what is the difference be¬ 
tween the timber at White Oak Point and round Winebagoshish Lake 
and the balance of the timber on that reservation 

Answer. There is a difference in the value, in the extent, and in the 
facilities for getting the timber to market, of about 75 cents per thou¬ 
sand feet. 

Question. State what is the reason for that difference. 

Answer. The reason is that in all those lakes, especially Lake Poke- 
gama, we pay $1.50 per thousand feet for getting timber to the mouth 
of the lake, and GO cents—from 50 to 75 cents—i)er thousand for driv¬ 
ing from the mouth of Pokegama Lake, and that lake is ten to twelve 
days earlier in breaking up than Leech Lake. 

Question. In speaking of the dilference in price do you speak of what 
has been paid; to whose practice do you refer ? 

Answer. My own practice. 1 have had logs driven every year for 
five years, I think. 

Question. From what points have you driven them ? 

Answer. From Pokegama Lake and the Mississippi Biver, from about 
the outlet of the lake. 

Question. How would the expense from Leech Lake compare with 
that from Pokegama ? 

Answer. If they could get them through from Leech Lake in one sea¬ 
son, it would cost $1.75 per thousand feet, and if not for two years, 
$2.50. 

Question. What is your judgment as to the liability of a man being 
compelled to hold them over one season? 

Answer. I think in ordinary seasons they can be brought down in one 
season by steam-power. There has been no lumbering upon that lake, 
but I think it could be brought through. The river about Saint Cloud 
is very low at times, and I think they might be caught there. 

(Judge Jones having read to the witness the material portions of the 
Wilder contract, asked the following questions:) 

Question. Have you means of forming an opinion as to whether that 
would be an advantageous contract for the Indians ? 

Answer. If the contract were carried out iu good faith, I think it 
would be as good as could be obtained from lumbermen in Minnesota. 

Question. Compared with a contract for ail the pine—without cedar— 
within two miles of driving water at White Oak Point reservation, at 
$1.35 per thousand feet, how would it be for the Indians ? 

Answer. If the quality of the timber is the same, I think it would be 
in favor of the Wilder contract at $1.15 ; i. e., I think that would be best 
for the Indians. 

Question. AVhat is your idea of the quality of the pine at White Oak 
Point and Leech Lake, respectively ? 


G7 


Answer. I think, taking the whole reservation together, the pine at 
Leech Lake would average better in (piaiity than the Wliite Oak Point 
pine. 

Question. How does Winebagoshish pine compare with White Oak 
pine 1 

Answer. That is better, as compared with the balance of the pine ; I 
think is better. The pine around Leech Lake is a mixture of white pine 
and other wood of inferior quality. 

(Question. State the facilities for getting out Winnebagoshish pine. 

Answer. It can be got out more readily than Leech Lake pine ; but 
there is not much diflerence. Steam must be used to get it out. 

Question. What is the custom with respect to grass—as to the amount 
of payment per ton ? 

Answer. I have paid in several years about 25 cents per ton in ]Min- 
nesota. That was about White Oak Point and Pokegama ; and bears 
about the same relation to the pine at Pokegama that the grass in 
Wilder’s contract bears to the pine at Leech Lake. I believe that, 
speaking generally, they go and cut it without any payment. There are 
some exceptions. 

Question. Have you been exploring much ? 

Answer. I have been exploring for eight or ten years, more exten¬ 
sively than all the other explorers in the State. 

(»)uestion. You have said that this would be an advantageous contract 
for the Indians, if carried out in good faith. Do you know the character 
of Wilder for responsibility ? 

Answer. I have always heard that he was a very responsible man. 
I have never •spoken to him, but I have always heard he was a very 
S reliable man. 

Cross-examined by Judge Palmer: 

(Question. Leech Lake is considerably larger than Lake AVinneba- 
goshish ? 

Answer. Yes; audit would take longer to get pine through, and when 
you get to the Leech Lake Piveryou would have to separate the timber. 

Question. What do you know about jMud Lake ? 

Answer. There is no danger of considerable trouble there. I came 
through it once or twice—not taking logs. Leech Lake Kiver is a good 
stream, by putting in a few booms. 

Question. Would it be necessary to have a steamboat to carry out the 
AYilder contract ? 

Answer. They might get along without, but it would be cheaper to 
have it. That would cost several thousand dollars, I think. 

(^>uestion. How much later does Pokegama Lake open than the river? 

Answer. I think about three weeks, and Leech Lake about ten days 
later than Pokegama Lake. 

Question. You have to pay extra for taking logs from the end of 
Pokegama Lake ? 

Answer. We have to pay $1.50 for taking them through Pokegama 
Lake, and about 00 cents from the mouth ; a difference of 80 cents, say. 

(,>uestion. Considering the distance and the time when the logs come 
out, how much additional difference would there be from Leech Lake ? 

Answer. The most convenient timber at Leech Lake would be, say, 
75 cents more than the White Oak Point timber, and that from other 
streams to go into Leech Lake $1 to $1.25 difference, and in some cases 
more than tliat. 

Question. What is the usual haul, regarded as a favorable haul, as to 
limit I 


68 


Ausvv'cr. Ill iny expericuce, iind I had had a good deal, in some cases 
as much as four miles; beyond that I let it go. 

(^>uestion. AVhat is the difference in expense in lumber that you onl}* 
haul two miles and that you haul more than that? 

Answer. Fifty cents per thousand per mile ; that at least. It is more 
than twice as hard to get a four miles road as it is to get a two miles 
road. 

(^>,uestion. How often have you to luake distinct roads? 

Answer. That would depend upon circumstances; perhaps a mile to 
half a mile each side of the main road. Beyond that we should make a 
distinct road. 

(,>uestiou. IIow would it be about holding the logs coming down Leech 
Lake ? 

Answer. There should be a boom on the Mississippi River. 

Question. Does the Mississippi get very low occasionally ? 

Answer. It does, late in the season. That makes extra expense get¬ 
ting the logs over the rapids. 

Question. The Wilder contract calls for the cutting of twenty millions 
of feet each year. Would there be a difficulty, according to your experi¬ 
ence, in getting that quantity down ? 

Answer. I don't think there would be. He could as readily bring 
twenty millions as any other amount so far as that is concerned. 

Question. With reference to the stage of water, Avould not the quan¬ 
tity of logs be material ? 

Answer. Xoj where there area great many logs there are a great 
many men. 

Question. Would the cost of labor be greater late than early in the 
season ? 

Answer. I dou’t think so; never paid any attention to that much. 

Question. Is there any danger on Indian reservations greater than on 
other land ? 

Answer. There would be much, from the fact that the Indians are 
troublesome and expensive to have around. 

(Question. What is the effect of fire ruiiuing through large bodies of 
pine ? 

Answer. Of course it injures it, if not taken off* immediately the 
year that it burns. If taken off two or three years after it is not worth 
handling. W^e don’t use any of that. 

Questioji. When pine remains over one season in the water what 
eff'ect has that ? 

Answer. I don’t know of any particular effect. We would just as 
soon have it remain over in the water as not. 

Question. Is there a liability to fire when hay is cut and stacked ? 

Answer. Yes ; often we have it burned. 

Question. Is hay necessary to successful logging operations ? 

Answer. Yes; you would have to come home if it was burned; if it 
was burned it would practically suspend operations till next winter. 

Question. Taking the quality of the pine at Leech Lake into consid¬ 
eration, together with the expense of getting it out and comparing it in 
every respect with the AVhite Oak Point pine, what would be the fair 
diff'erence in making bids for the pine ? 

Answer. I think the pine as advertised by Mr. Smith at White Oak 
Point would be worth 75 cents per thousand more than the pine under 
the Wilder contract. . In that estimate I consider the quality of the 
pine. 


G9 


T. li. WaijvEK was here recalled and testitiod as follows, under cross- 
examination : 

Question by Judge Palmer. AVhat is called the “ Clarke contract/^ 
for Oak Point pine and that called the “Wilder contract,’’ for the whole 
reservation each of these contracts contains a provision by virtue of 
which the contractor is not bound to i)ay for inne below certain dimen¬ 
sions. Under such a contract do you think you would be entitled to 
take pine below those dimensions without paying for it? 

Answer. Certainly not. That clause is put into nearly all the contracts 
made at Minneapolis. I made two contracts at Minneapolis within the last 
month containing this very clause. All that he cut is paid for. That 
is the general understanding. The understanding is that it ought not 
to be cut under a certain size, because in a few years it will increase in 
size and be of more value. 

(Question. Uas any one in your experience- 

Commissioner Jones, anticipating the nature of the (piestion. here 
stated to counsel that the court thought the question about to be put 
unnecessary or inexpedient. 

Question not pressed by counsel. 


John Dane Howard, having been duly sworn, testilied as follows: 

By Commissioner S 311 TII: 

Question. What is your name ? 

Answer. John Dane Howard. 

(,>uestion. Were do you live, and what is your age ? 

^ Answer. I reside at Du Lutli; I am lifty-niue years old. 

(^^uestion. Have you been engaged in milling and lumbering 5 and, if 
.so, how long ? 

Answer. Yes ; for the last seventeen or eighteen years. 

Question. Where? 

Answer. At Stony Point, Oneoto, Superior, and Du Luth. 

(Question. In running mills at those points ? 

Answer. Yes, at Stony Point and Du Luth. 

Question. AVhere have your lumbering operations been i)riiicipally ? 

Answer. I had one at Pokegama, and in Saint Louis Lay, and Su¬ 
perior Lay. 

(,)uestiou. How far can lumber be profitably hauled in order to reach 
a logging stream ? . ' , , 

Answer. That would depend upon the price of the lumber. We don’t 
expect to haul above a mile or a mile and a half at the present price of 
lumber. 

Question. Have you witliin the last two years purcJiased logs upon 
those streams ? 

Answer. Yes. 

Question. About how much—stumpage, I mean ? 

Answer. Could not say exactly ; perhaps 200,000 or 300,000 a year. 
1 cut principally on my own lands. 

(Question. What is the price that you paid ! 

Answer. 1 paid about 81 per thoiusand feet for stumpage, when it 
was to be hauled one mile. 

(Question. A mile from what .streams ? 

Answer. Pokegama Lay. 1 have usually bought so much cheaper for 
greater hauls. 



70 

Question. Are you acquainted to any extent with lumbering on the 
Upper Mississippi'^ 

Answer. No. 

Question. Do you know what would be the fair value for what we call 
here the “ stumpage of the grass f that is per ton of grass for lumber¬ 
ing purposes in that region "i? 

Answer. I could not say very well; it would depend upon the locality, 
and what it might be worth at the place. Where I have been lumber¬ 
ing I have not bought hay. I have meadows of my own. I should think 
about $2 per ton. It depends upon the demand for the hay. When I 
say 82 i)er ton, I meant for hay near Du Luth Bay. At Bice Lake and 
other places I have meadows from which I have given the hay away; 
that is seventeen miles from Vermillion Lake. I have never lumbered on 
the Mississippi. 

Question. Your market for lumber is where ? 

Answer. My market is on the Northern Pacific, and the mines of Lake 
Superior. *1 have not sent any to Chicago of any consequence. Two 
years ago I sent a cargo, but it did not pay. 

Question. With reference to contracts for stumpage, there are pro¬ 
visions for the dimensions of the timber to be cut ? 

Answer. Yesj we take all that is required by us down to 12 inches. 
Those provision^ are in any contracts where I have been lumbering— 
to cut down to 12 inches, except in places where they don't cut down 
so low. 

The commission adjourned to till 9 o’clock on Fridajq 12th December. 


P. P. Clarke appeared in response of the summons of the commis¬ 
sioners, and as he seemed disinclined to give testimony, he was interro¬ 
gated by the commissioners as follows : 

By Commissioner Jones : 

Question. Will you be sworn, Mr. Clarke ! 

Answer. AVell, I don’t know what to say. * 

Commissioner Smith. We don’t want you to say anything except 
what you know. 

WYtness. Do you want me to tell you that ? 

jVIr. Smith. Yes. 

Judge Jones. AYhy do you hesitate about being sworn, Mr. Clarke ? 

AVitness. AVell, the reason is that I know nothing of my own knowl¬ 
edge. I have heard different persons say something; that is all. 1 
don’t know anything of my own knowledge. 

Judge Jones. If you are sworn, and you don’t Avish to answer ques¬ 
tions, that will be another matter. 

Commissioner Smith. We would like you to say anything you know 
of this case, and I don’t think you, as a good citizen, ought to object. 
It appears to me that you should not mind what is said by newspapers 
or by any other persons. If a man skulks out of an examination, be¬ 
cause they say Ave have no poAA^er to send for witnesses, it is doing an 
injury to society; and from Avhat I know of you, I don’t think you Avill 
place yourself in that position. I don’t think there is any man in this 
community who belicA^es that the commission desire him to suppress 
fficts. 

AVitness. I was asked my reasons for not being sworn, and I replied 
that I did not know anything except what I had heard. 




71 


Mr. JENNixiiS. If you think we want- 

W1TXE8S. 1 don’t think this, that, or the other. 

Conunissioner Smith. You can state what you know, and let others 
take the consequences. If you know anything that can enlighten the 
coininission, why state it, as a good citizen. 

Witness. Well, I will state anything that 1 know. 


F. r. Clarke, having been duly sworn, testified as follows: 

By Commissioner Jones : 

Question. State your name, age, and place of residence. 

Answer. F. P. Clarke is my name. I am forty-five years of age, and 
I live at Minneapolis, Hennepin County, Minnesota. 

Question. What is your occupation f 

Answer. Lumbering. 

(Question. Are you acquainted with the respondent, E. P. Smith? 

Answer. Yes. 

Question. State whether you made an agreement with him for the 
purchase of some pine, in 1872. 

Answer. I did. 

Question. What pine was embraced in that arrangement ? 

Answer. It was in the White Oak reservation. 

Question. How much was it estimated to be ? 

Answer. I don’t know^ that there was any estimate made. 

Question. Are you familiar with the timber in that country ? 

Answer. Yes. 

^ Question. State, whether, in your judgment, the price mentioned in 
that contract was fair, or otherwise. 

Answer. Yes; I consider it fair. 

Question. AYhere was the contract made? 

Answer. In Minneapolis. 

Question. State the circumstances with reference to that contract 
being set aside, as far as you know. 

Answer. With reference to its being set aside, I don't know anything. 
All I know is that I never got it; don’t know why, except that I got a 
telegram from Agent Smith, saying the Indians went back on it; don’t 
know what date I got the telegram. I did not do anything as to that. 

(,>uestion. Did you make any further inquiry about it ? 

Answer. I never went to any one that had anything to do with it; 
nev^er spoke to Mr. Smith about it; never saw him to speak to till to¬ 
day in this room ; that is, since I got this telegram. I think I have not 
spoken to him since. 

Question. Did you know that the contract was subject to the ap¬ 
proval of the Commissioner of Indian Affairs ? 

Answer. Yes. 

Question. Did you ever.write to him about it? 

Answer. There was a man there last winter—Mr. Dana King—who 
tried to find out about it. 

Question. You did not make any application to have the contract ap¬ 
proved ? 

Answer. I did not expect it was necessary. Mr. Smith expected, and 
I think I understood him to say, that he would send it on there. There 
were two copies of the contract, and he said he had sent them both—if 
there were two. 



72 


Question. Did you ever make any inquiry whether tlie Indians had 
disavowed Mr. Smith’s authority in the contract ? 

Answer. Yes; 1 sent a man up there. 

Question. Whom did you inquire of 

Answer. 1 sent a man named Ben Staustield up tliere to make in¬ 
quiry. 

Question. When was this? 

Answer. I could not give the date; I think it was in the month of 
October. 

Question. What is the name of this man ? 

Answer. Ben Stansfield. He lives in Minneapolis. 

Question. Y"ou doirt know the result of that inquiry, except from 
what he told you ? 

Answer. No. 

Question. Have you been up there to examine the country ? 

Answer. Not all of it. 1 saw a good deal of it. 

Question. Do you speak of White Oak Point? 

Answer. Yes; about there. 

Question. Have you seen enough of it to form an opinion as to the 
difference between that and the Leech Lake district ? What is the dif¬ 
ference in value ? 

Answer. On the Leech Lake reservation a good deal of the timber is 
of the best quality. So far as the timber is concerned, it is worth 50 
cents per thousand more than the White Oak. It is a better quality of 
timber; it stands better for cutting; it is larger timber. 

Question. Which is worth most, if you were going to buy it? 

Answer. I should give more for it. It is worth 50 cents per thousand 
more in this market. 

Question. Do I understand you to say that it ought to sell for more 
than the stumpageon the Oak Point reservation ; and, if so, how much 
more ? 

Answer. Fifty cents per thousand feet. 

Question. Do you recollect at what distance you are required to cut 
timber from the streams by your contract? 

Answer. I think it was two miles; I am not sure. 

Question. Suppose the contract were made so as to require the timber 
within four miles to be taken, timber over 14 inches 25 feet from the 
ground, including the Oak Point reservation, and estimated at 200,000,- 
000 feet or more ? 

Answer. 1 can tell you. I asked Agent Smith about that same tim¬ 
ber. I asked him if I could not get it. He said, ‘‘ No.” I would have 
given $1.35 for the whole, at that time. He told me the timber could 
not be given till the Indians were seen. I would have given $1.35; I 
offered it for that same timber. 

Question. Did you tell Agent Smith so ? 

Answer. Yes; I talked to him about this timber, and asked him if I 
could not get it in the same contract. He said no; that the timber 
could not be sold now. I forget his exact words; it was because the 
Indians had not been seen. 1 think those were his words. He gave 
me to understand that I could not get it. 

Question. Did you tell him at that time that you would give $1.35 for 
the whole of it ? 

Answer. I don’t know that I said $1.35; but we talked about the tim¬ 
ber, and my impression is that I intended him to understand that I 
would take the other at the same price. I had talked with other parties 
before I went down there. 


(Question. You say yon don’t reinoinber wliat words you used, or 
whether you said to him that you were willing to take it at the same 
price ? 

Answer. I was willing. 

(>>uestion. Did you say so? 

Answer. I don’t know what other construction you can put upon it. 
I asked the question whether I could have it. I think that meant that 1 
was willing to take it at the same price. 

Question. Were you aware that bids might be made to the Depart¬ 
ment direct ? 

Answer. No; except they were made within the time advertised. I 
supposed they would not pay any attention to them afterward. 

(Question. Do you recollect when your bid was put in ? 

Answer. No. 

Question. Where did you see the advertisement ? 

Answer. In the Minneapolis Tribune. 

Question. What is your understanding as to getting out the balance 
of this Leech Lake timber, as to whether it is as easy to get it out, and 
as cheap, as to get out the timber in your contract ? 

Answer. There would not be much difference. I would as soon take 
it across Leech Lake as across any lake on the ^Mississippi. You can get 
on as quickly with it. 

(Question. Did you ever lumber any up there ? 

Answer. No. . 

(Question. Do you know how late that lake is usually frozen in the 
spring? 

Answer. Yes. It breaks up the first part of May. 

Question. Would there be any difficulty in getting it out the same 
year it was cut ? 

Answer. I don't know of any good reason why it could not be got out 
of there as well as out of rokegama Lake. It would take very little 
longer. Leech Lake opens as soon as Pokegama. Leech Liver opens be¬ 
fore the ^Mississippi. 

(>>uestion. AVould it be necessary to have a steamboat on the lake ? 

Answer. A man could do it quicker with a steamboat. There would 
bo no trouble in booming logs across there, though a man is liable to be 
caught ill a storm; but it is practicable to make a success of it. 

Question. I understand you to say that you understood your contract 
was to take the timber within two miles, and that you tliink that this 
contract—Wilder contract—embracing all timber within four miles, 
would have been worth as much as yours? 

Answer. Y^es. 

Cross-examined by Judge Palmek : 

Question. Do you know anything about it ? 

Answer. Yes. 

Question. Do you know anything about the ‘‘ ^lerriam contract 

Answer. No ; I don’t remember that contract at all. 

(»>uestion. Where is Mr. Stanslield now ? 

Answer. At Pokegama Lake. 

Question. What is a reasonable haul to driving streams ? 

Answer. Some is hauled five miles. 

Question. Is there a great deal of timber hauled five miles ? 

Answ’er. No, not much, but there is considerable; there is more hauled 
four miles; there is a great deal hauled that distance. 

Question. Is it more expensive to haul four than two miles ? 


74 


Answer. Yes, everything else being equal. 

Question. Taking a contract for two miles within streams and a con¬ 
tract that covers four miles, what is the difference if the timber and 
everything are equal! 

Answer. It is worth all the timber that you would go four miles back 
for, that is, two miles further than the other, (you don’t cut it all four 
miles back;) for every mile you go beyond two miles it is worth 35 cents 
for each mile extra. 

Question. Take pine that has to be hauled only one mile to the 
stream, what is that worth? 

Answer. It costs more in proportion than for four miles. If you have 
much work to do you have to prepare your lumber and everything for 
one mile just as much as for four miles. 

Question. Would the second mile be worth any more tor hauling than 
the first mile ? 

Answer. Yes, 35 cents, and the third mile 35 cents, and the fourth mile 
35 cents. There would be no proportional difference. 

Question. Does it cost no more on the last mile than on the second 
mile ? 

Answer. Of course it costs more for four miles than for two miles. I 
said 35 cents more for each mile you go. 

Quest'on. Are not you mistaken in saying that Leech Lake breaks 
up as soon as the Mississippi ? 

Answer. I said Leech Lake Liver ; not Leech Lake. 

Question. How much later does Leech Lake break up than the Missis¬ 
sippi Liver at Oak Point ? 

Answer. Probably a month; twenty to thirty days later. 

Question. You say you would have to draw logs across Leech Lake ; 
when you get to Leech Lake Liver how then ? 

Answer. They must be driven down; there is a current to drive them. 

Question. How is that river as to being straight ? 

Answer. There is nothing to make it impracticable to drive. 

Question. Would you have to boom in places ? 

Answ^er. You might or not, just as men see fit to do. It would, per¬ 
haps, pay to make more improvements on the streams than we do, but 
we could do it without. I don’t doubt that there are places where it 
would be advisable to boom, but it is possible to drive logs without. 

Question. Is Leech Lake Liver a crooked stream ? 

Answer. I never saw a river that was very straight, and don’t know 
that it is crookeder than other streams that are driven. It is a crooked 
river, of course. 

Question. How is Mud Liver; are there currents there ; has it a hard 
bottom ? 

Answer. Could not answer that question from personal knowledge. 
My understanding is that while it is muddy and has a soft bottom, still 
it is considered that you can get hold enough with an anchor to move 
logs. 

Question. Is it deep or shallow, ]Mud Lake ? 

Answer. It is a shallow lake. 

Question. After you got through that lake you would have to drive 
singly down the stream ? 

Answer. Yes. 

Question. Would it not cost considerably more per thousand from the 
western extremity of Leech Lake through to the Mississippi market 
than from the other reservations ? 

Answer. Not very much ; it might a little. 


75 

Question. Is not the water in the streams more likely to be low after 
the tirst breaking up ? 

Answer. There is water enough to drive logs, and it has been so for 
the last seventeen years, enough to drive logs. If there is a driving 
stage of w’ater you can drive cheaper; but if the water is down to its 
lowest stage you can drive better than when the water is two feet 
higher but falling. 

(Question. Is there any boom between Oak Point and Coon Creek ? 

Answer. There are booms, butuotsnch as can be used by the general 
public. 

Question. AVould not labor be higher later in the spring ? 

Answer. Xo. 

Question. Is there any difference between lumbering on the Indian 
reservations and on free land 

Answer. Do you mean on account of the Indians ? 

dudge Palmer. Yes. 

Witness. No; not that I know of. There never has been ; don't 
know that they have caused any trouble ; don’t know of any trouble; 
certainly nothing to hinder a man from cutting logs and doing as well 
there as anywhere. 

Question. Taking it over ten years, would not there be years when 
you could not get the timber out the first year ? 

Answer. Judging from what I know' and from wTiat experience I have 
had, I donT know' w hatimight happen in ten years. I don’t know’ of any 
reason or nothing apparent now, that would make it impossible to drive 
from there every year, as the w’ater has been in the ^Mississippi since I 
have been here. 

Question. Over what points of this reservation have you been ? 

Answer. I have been along by the river; from the Mississippi north 
I would be traveling nearly w est, I think, to north of the Leech Lake 
liiver. 

(Map show’ll to witness, who pointed out to the court where he had 
been in this district, and what timber he had seen.) 

Question. Did you get as far as Winnebagoshish ? 

Answer. No. 

Question. Have you been on the Poise Piver f 

Answer. Yes; I have been across there towards Leech Lake. (Wit¬ 
ness here referred to the map.) 

Question. And round Cass Lake ? 

Answer. No. 

Question. Y^our contract covered the pine on botli sides of this stream ? 

Answ er. Y"es, within two miles of all navigable streams how' far 
that comes I am unable to say now. 

Question. When you asked Commissioner, then Agent, Smith about 
the whole reservation, you had reference to this pine at Lake Winneba¬ 
goshish ? 

Answ'er. I had. 

Question. That was specifically named ? 

Answer. I could not say whether it was mentioned. 

Question. About liow' iniich do you suppose your contract covered in 
quantity ? 

Answer. My idea was that it would cover seventy-five or eighty mil¬ 
lions of feet. 

Question. As to any additional quantity ? 

xVnswer. I don’t know' about that. 

(Question. Were there other bids put in for the pine covered by your 
contract'? 


76 


Answer. I doirt know. 

Question. Did you have a paper drawn up and signed by several men 
in Minneapolis as to the value of the pine in your contract ? 

Answer. Yes; I think it was $1.35 I put in, and the paper said that 
that was a fair price. 

Question. Who signed that paper ? 

Answer. Dean & Co., I think ; E- & Sons ; Martin, Knight cS: 

Co.; W. S. Judd, and others. There were eight or nine of them, I 
think. I don’t think Baldwin signed that paper ; my recollection is that 
he did not. Mr. P. Heggaman might have signed it; it is difficult to 
recollect at this time. 

Question. That i:>aper was presented to Mr. Agent Smith before the 
contract was looked into 

Answer. I think not; I think the contract was written, but I am not 
positive. JVIy impression is that it was written, and that, at Mr. Smith’s 
suggestion, I got the names of diherent parties to the paper; I got 
Fletcher and two or three to sign it. I think I went to J. S. Pillsbnry. 
I think that was after the contract was written ; still I am not certain 
about that. I don’t know but it was signed first; don’t recollect. 

Question. Which do you mean—the paper or the contract? 

Answer. The paper. 

Question. Do you mean to say that you told x\gent Smith, specifically, 
that you would give $1.35 for the rest of the timber on the reservation ? 

Answer. I did not say that I said so to him in’these words: “ For the 
balance of the timber on the reservation ;” but I said to him, either 
just before we commenced writing the contract or after, (I think it was 
at the time,) I asked him if I could get the timber on the other reserva¬ 
tions at the same price. I had reference to Winnebagoshish and Oass 
Lakes, and intended Leech Lake reservation as well. I think at that 
time Mr. Smith and I talked about the timber on Winnebagoshish 
Lake. I think we talked about that at the agenc 3 \ 

By Judge Jones: 

Question. I see by your contract that you had ten years to take this 
timber ? 

Answer. I don’t recollect whether it was ten or fifteen; the contract 
will decide that. 

Question. Was anything said as to the terms on which you proposed 
to take this large amount of timber, as to time? 

Answer. No, because Mr. Smith said I could not get it. 

Question. Can von sav, at this distance of time, what vou said to 
Mr. Smith ? . 

Answer. I believe I have given that several times. 

Question. Can you say just what you said to him ? 

Answer. I asked him whether I could get the balance of the timber 
on the other reservations, and he made answer that it could not be got. 

Question. What is the difference in value between pine and cedar 
timber ? 

Answer. At that time, for stumpage, cedar was not worth very much. 

Question. If a contract required a man to cut both pine and cedar, 
would that be as advantageous as if he were required to cut pine only ? 

Answer. You mean if he was to cut cedar only down to the same 
dimensions as the pine. 

Question. Suppose that case. 

Answer. Then the cedar would be valuable if he got cedar that size, 
as large as that and sound; but he would not get much of it. As I 



77 


uiulerstunil, he is to cut 14 inches in size 24 feet from the grourul. 
Cedar of that size, if sound, would be valuable timber. 

[The witness’s (contract (the “Clarke contract”) was here siiown to 
him, and his cross-examination was resumed by Judge Palmer:] 

(iueslion. Your contract provides that you shall cut all the pine tim¬ 
ber within certain limits which will make merchantable lumber so long, 
but shall not oblige you to pay for trees less than 44 inches 24 feet 
from the ground. Do you understand that you could cut timber of a 
less size than that without paying for it? Could you cut timber of 12 
inches, or 13 inches, and not pay for it ? 

Answer. That is a question that a lawyer could decide better than 1 
can. 

(^>uestion. AVhat is your construction of it, as a practical lumberman ? 

Answer. I guess 1 should have to pay for all the timber cut. 

(This witness refused to accept of the fees allowed for the attendance 
of witnesses.) 


Mo^’I:)AV, December lo, 1873. 

IMaiilon Plack, having been duly sworn, testified as follows, in his 
direct examination : 

B}' Commissioner Jones: 

(Question. State your name, age, residence, and occupation. 

Answer. I am tifty-three Jears of age; my name is Mahlon Black ; 1 
live at Minneapolis, and am a surveyor. 

(jluestion. State whether you have had experience in exploring and 
II surveying pine-lands in Minnesota ? 

Answer. Yes; more or less since 1854, almost continually in this 
country. 

(Question. Aiv you familiar with the lands on the Leech Lake reser¬ 
vation ? 

Answer. 1 have been througli them once, especially to examine them 
with reference to their value. 1 examined them all in hurried way. 
There are no surveys thereabouts. We could only get at an approxi¬ 
mate value, there being no surveys. I went to make a definite location. 
I made this examination in the summer of 1871. 

Question. What was the value of the timber on the White Oak Point 
reservation as compared with the timber on the Leech Lake reserva¬ 
tion ? 

Answer. It was less in value—I mean that on the Oak Point reserva¬ 
tion, so-called. It is of less value than the upper timber, 

(^Juestiou. What do you call the “upper timber?” 

Answer. Leech Lake, Cass Lake, and Winnebagoshish Lake timber. 
The best pine is found west of Cass Lake, and on the Cut-foot, which is 
north of Winnebagoshish. 

Question. AVhat would be the difference, if any, in getting the pine 
to market ? Which is the most convenient ? 

Answer. White Oak I'oint would be the most convenient, as being 
lower down. The principal part of the pine is above Cass Lake. 

Question. What would be the difference in getting to market between 
this and that at White Oak I’oiut ? 

Answer. I could not tell except approximately; pmhaps about double. 
It is very dangerous to navigate those upper lakes. 

(Question. We understand that there has been no navigation of those 
lakes as yet ? 



78 


Answer. That is so. I can only ■ judge by the size of those lakes. 
They are very stormy. I have been on them several times. 

Question. Are you able to say what the difference in expense would 
be in getting the logs to market between pine three miles from water 
and one mile from water; or the difference in value between such a 
contract and the case of where it was four miles from driving water ^ 

Answer. I doidt know that I could state; I have lumbered, but it is 
long ago. 

Question. Have you seen this contract called the “ Wilder contract 

Answer. No. 

Question. Have you knowledge enougli of such subjects to be able to 
form an opinion as to the value of pine on the whole of that reservation '? 

Answer. I could only give such an opinion as I gave to parties wish¬ 
ing to purchase on the first advertisement. Persons asked me what it 
was worth on that reservation—White Oak Point reservation. 1 ad¬ 
vised them to bid as high as $i on that contract, but if it included the 
entire reservation 1 would give more; but to be confined to that tract 
I Avould not give more than $1. I was not a bidder myself. This was 
in Minneapolis. 

Question. That was a contract to take all the pine within two miles ? 

Answer. I understood all the merchantable pine. I think there is 
none more distant than two miles. This pine on Cut-foot Sioux River, 
on the Wiunebagoshish, and on the Mississippi is beyond two miles. 
The great difficulty in navigation is in what are called eagles’ nests.” 

Question. If you take the whole of the Beech Lake reservation what 
is the probability of the logs being detained more than one year ? 

Answer. I think—but this is guess-work—once in three years. 1 
think that more than half the time they would be got out the first year. 

Question. Ho you know what lumbermen have been in the habit of 
paying for the privilege of cutting grass ? 

Answer. No. 

Question. Have you dealt in pine lands ? 

Answer. No ; I attempted it last fall, but did not succeed. 

Question. How about timber being got through Leech Lake ? 

Answer. I think it could only be done by towing with heavy tug 
steamers to make it safe. The harbors in the lake are not sufficient to 
protect logs; they would hardly bear the second blow of the wind. I 
think it would take a day and a night to bring logs across with a 
steamer. 

Question. How is the water below ? 

Answer. Till you get to Pokegaraa Falls or White Oak Point it is 
pretty good if you can keep the logs in the river, which often expands 
into reedy marshes and grasses, often, perhaps, five or six miles across 
in width there. The river is very crooked, but not deep, and it has what 
are called “ gutters.” They should be boomed before the logs are 
driven. I have not been up in this tract since 1<371, though I have just 
returned from the upper country, but not from this district. 

(Here the witness pointed out to the commissioners, by referring to 
a map, what he knew of the country, and the examination proceeded 
as follows:) 

Question. Were you south and east of Leech Lake in your explor¬ 
ations ? 

Answer. No. 

Question. Is there any difference between the value of timber on In¬ 
dian reservations and that on free lauds? 

Answer. I think there is. My experience with Indians makes me 


79 


think that there is a ditterence in favor of outside lands. Indians are 
a great source of annoyance in cutting. 

(Question. Did you make any estimate of the amount of timber on the 
reservation ? 

Answer. Not anything definite, because we were only a month on 
the entire tract of 40 miles square. 1 know there is a large amount of 
timber on the tract, and I have seen sufficient to be satisfied there are 
150,000,000 feet, and perhaps more. 

Question. What proportion of Norway pine is there? 

Answer. That would be difficult to say. Probably two-thirds are 
Norway. The Wiunebagoshish, and between that and Cass and Leech 
Lakes, and on the peninsula of Leech Lake, is Norway. The white pine 
is the most valuable timber. 

Cross-examined by Judge Palmer: 

Question. Did you go down on the southwest side of Leech Lake ? 

Answer. No; 1 was west and northwest. My exploration extended 
north of Leech Lake and of Leech Lake Eiver. I am not very familiar 
with the country lying south. The 150,000,000 I estimated would come 
most through Cass Lake and Winnebagohish Lake, and so to the 
Mississippi, though some of it south of Cass Lake would come down 
through Leech Lake. 

Question. A^our examination was mainly confined to two miles back 
from the streams ? 

Answer. No; it was a general examination, but I found the pine 
generally within two miles of navigable streams; generally. 

Question. How far did you untlerstand the White Oak reservation 
extended north ? 

Answer. 1 only took my information from hearsay, as included in the 
advertisement of Mr. ISmith. 1 understood it would take in Cut-foot 
Sioux, if the line is correctly drawn on that map before me. 

Question. Where did you locate the very best pine ? 

Answer. West of Cass Lake; that is the farthest back. There is 
good pine north of Wiunebagoshish Lake on Cut-foot Sioux and another 
stream. 

Question. Is there a difierence between lakes Mhich have been driven 
a number of years and lakes which have not been so driven ? 

Answer. That would not make much difierence, except as to the size 
of the lakes. In the large lakes there is a kind of open sea. Wiuneba¬ 
goshish and Leech Lakes are large lakes, and are stormy. Leech Lake 
is about thirty miles long, but is better protected than Wiunebagoshish. 
The country around Leech Lake is rolling, but is'generally dry. I think 
the pine is "two-thirds Norway. 

Question. How much could a steamboat take through Leech Lake in 
one season ? 

Answer. I think 10,000,000; if you had 20,000,000 to take out in one 
season it would be risky work. 

(Question. If a man had to take out that amount or pay for it, what 
would be tne probability of doing it with one steam-tug ? 

Answer. I don’t think it could come through to market. The seasons 
are very late there. , , ■ » 

(Question. What is the ditference between Leech Lake and the river . 

Answer. Two or three weeks at least. 

P>y Commissioner Jones: 

(,)uestion. State what are thedifficulties in driving’ogs through lakes, 


80 

aud whether those difficulties are greater in large lakes than in small 
ones'? 

Answer. I have little experience except froin observation; but the 
larger the lake the greater the risk from storms. A break-up there 
would probably involve the loss of $1 per thousand feet •, it would scat¬ 
ter them over the lake if it broke the boom. 

Question. You did not directly answer my question as to whether 
you have knowledge enough of this particular reservation to give an 
opinion as to the value of the whole of it. You said you had given an 
opinion to parties as to the value of the White Oak Point pine. I asked 
you if you considered yourself competent to give an opinion as to the 
value of the whole ? 

Answer. I don’t know that I am, though I have my opinion as to 
what the entire reservation is worth. 1 believe the whole is worth, 
to have the privilege of the entire tract, it is worth more than the 
White Oak Point, probably 25 or 30 cents per thousand feet. I don’t 
know but I might say—(witness hesitates)—I don’t think it is worth 
81.50. 1 think the White Oak pine is worth $1. I mean when I got it 
out aud when scaled. 

Question. Suppose you had to pay 810,000 in advance before you 
cut anything, and then $20,000 each year afterward, and to take all 
within four miles of navigable water, what would it be worth I 

Answer. I would not give so much for it. 

Question. What would be a fair compensation, in that case, for the 
Indians and Government, to cut twenty millions a year or have to pay 
for so much whether you cut them or not; and further, to pay 81 per 
ton for the privilege of cutting hay I 

Answer. In that case I would not give more than $1 or $1.10 per 
thousand feet. I think that would be a fair price for it under the cir¬ 
cumstances, and considering the bother of the Indians being near you 
all the time. You have almost to feed them to keej) them quiet; it is 
the cheapest way. 

Question. Your success in making money out of your contract would 
depend very much on getting the logs out the first season ? 

Answer. Yes; I think a man would make more money paying $3, or 
even 81, per thousand feet, getting them out the first year and select¬ 
ing his tracts, than if he were to pay $1 per thousand and be unable 
to get them out the first year. 


Friday, December 12 , 1873. 

At the opening of the session Judge Jones prefaced the proceedings 
by the following remarks : 

We have sent for all the witnesses suggested by Mr. Welsh, in order 
that they should be examined. One of the Mr. Clarkes is expected, but 
has not arrived yet. The other Mr. Clark, suggested by Mr. Welsh, is, 
we understand, at Columbus, Ohio, and it is proposed to take his testi¬ 
mony there if we can find him. 

There is no witness present this morning unless we examine the res¬ 
pondent, and we have not fully decided on that point. 

The Eespondent. I have no objection. 

Judge Jones. Then we will now receive Mr. Smith’s testimony. 

E. P. Smith, having been duly sworn, testified as follows: 

Judge Jones. In reference to the first charge as to the contract, one 




81 

of the objections made to that contract is that proper notice was not 
given. Wliat say yon to that ? 

WiTNiiss. In reference to the sale ? 

Judge Jones. Yes. 

Witness resumes: There was an advertisement calling for propos¬ 
als in the Minneapolis Tribune, and in reply six or seven bids were 
received, and among them F. P. Clarke’s. lie never complained that 
he had not had full time; on the contrary, w hen others complained, he 
maintained that there was plenty of time. 

Question. Do you recollect how much time was allowed after the 
first publication of the notice ? 

Answer. I don’t remember the date when the notice first appeared. 
The proposals were sent from me July 8. The time of receiving bids 
was August 1. That was not time enough for any examination of the 
tract, and it was not supposed to be necessary because of the accpiain- 
tance which lumbermen liave of that country along the line of the ^lis- 
sissippi river. A short time was necessary in order to have the con¬ 
tract made so as to allow time for lumbering for the next winter. The 
necessities of the Indians were very urgent, and it was desirable that 
next winter should give them’returns from the sale of their pine, either 
by advances on the contract or by actual cutting. I consulted with 
parties in Minneapolis, principally Mr. J. Whitehead, (who knew that 
country and the men who would bid,) as to when the proposals ought to 
be in, and, by his advice, fixed the time not latter than August 1, and 
gave the longest time possible for receiving bids up to that date. As 1 
have said, F. P. Clarke never complained that the time was not all he 
required; besides, the award was not actually made until near Novem¬ 
ber, if not in November, and no bids forwarded to the Indian Olfice pre¬ 
vious to that time received the contract. For example, Mr. Wilder’s 
bid of $1.00 was actually accepted in October—in the middle of Octo¬ 
ber, and then conditionally. 

Question. State what were the necessities of the Indians, and what 
Indians are referred to. 

Answer. This pine on the Mississippi Kiver was treated as belong¬ 
ing to the White Oak Chippewas. The division is an arbitrary one as to 
property rights; treated by myself, I mean, and by the Department 
when it came to act on it. The pine lying along the Mississippi Kiver 
belongs to the Mississippi tribes, of which the band of White Oak Chippe¬ 
was form part. The Mississipiii Chippewas are the largest body of 
Chiiipewas in the State, and probably over two-thirds or three-fourths 
of the Leech Lake reservation, including the Mississippi Kiver pine, be¬ 
longs to this band of Chippewas—Mississippi Chippewas. The White 
Oak Point Chippewas are about one-sixth of the Mississippi Chippewas, 
and they live on the Mississippi Kiver, in the vicinity of this pine 
covered by the Wilder contract. For that reason it was proposed to 
treat the proceeds from the sale of this Mississippi Kiver pine as belong¬ 
ing to the White Oak Chippewas, who number between GOO and 700; 
but this, however, was only until their actual interests—proprietary 
rights—in the pine could be definitely determined, when an equitable 
division was expected to be made between all the Indians having 
rights in this reservation. 

Question. It was proposed to treat this as a temporary measure until 
a final division was made ? 

Answer. Yes ; based upon actual sales and valuation. These White 
Oak Point Chippewas had had nothing done for them since their re¬ 
moval in 18G8 or 18G9. They were brought from 8andv Lake and Kab- 

C s 


82 


bit Lake vicinity to the Missssippi Kiver at a large expense to the Gov¬ 
ernment and actual damage to the Indians. Some houses were erected, 
and farms opened to a very limited extent; the houses probably num¬ 
bered six or eight. The locality to which they were removed has 
scarcely any tillable land, and now, by actual survey, is found to be off 
the reservation—not within their reservation. The expenditures of the 
Government for some time have been almost wholly made at the White 
Earth reservation, and that is about two hundred miles from White 
Oak Point, across the Mississippi country. In these expenditures the 
White Oak Indians had no advantage ; their game has almost entirely 
disappeared from the country, and they have nothing to subsist upon 
but berries and fish, and begging and stealing. A more deplorable and 
wretched band of Indians is not to be found, unless it is the Pil 
lagers at Leech Lake. You will find their wigwams on the line of the 
is^orthern Pacific Eailroad. There is no help for these Indians except to 
ox)en farms for them, so that they may get a living out of the ground ; 
and for this purpose it is necessary to buy cattle and oxen and plows, 
and have them brought during winter into the country, so as to be ready 
for the spring. (Document marked D D was shown to witness.) By 
the Clarke contract the timber was to be cut in four years, and the pay¬ 
ments to be one-fourth of the amount annually ; half of each payment 
when the logs were on the bank of the stream, which would be in March. 
With this certainty of funds I should have been able to make all the 
necessary purchases for the relief of the Indians. 

Question. State, now, the reasons why you notified Mr. Clarke that you 
supposed that all proceedings under that contract were nullified. 

Answer. I had taken the steps for the sale of this pine under general 
instructions from the Indian Commissioner at Washington to secure the 
consent of the Indians—instructions to secure their consent to the sale 
of their pine. I had, as I supposed, obtained that consent from the del¬ 
egation of Indians sent from what purported to be the Indian council 
at White Oak Point. Acting on these instructions from Washington 
and the consent of the Indians, I had made the c )ntra3t with Clarke ; 
and when I went to the White Oak Point i>aymerit, in October, I in¬ 
formed the Indians what I had done in accordance with their wishes to 
have their pine sold. They denied having expressed any wish to have 
their pine sold, and said that the delegation'to me was without author¬ 
ity. This, at the time, I thought seriously attected the Clarke contract, 
and would probably have the effect to nullify it. I remonstrated with 
the Indians, and told them the injustice they were doing Clarke ; but 
they would not listen to me. I am satisfied that they were being man¬ 
ipulated by some of the lumbermen, who were inducing them to repu¬ 
diate their action. W^hen I found that I was not able to induce the In¬ 
dians to stand by their expressed request to sell, and that even the del¬ 
egation that came to me in Minneapolis, requesting me to sell, them¬ 
selves denied it, I thought that it became my duty to inform Mr. Clarke 
of the state of things, and so save him from expense in preparations to 
lumber in their country that winter. I saw supplies coming up the river 
marked in his name, or in the names of parties connected with him. I 
first telegraphed him of the opposition that I had met. I informed him 
that the Indians denied giving authority to sell the pine, and that I sup¬ 
posed that that would nullify the contract—nullify the sale. 

Question. Was this before or after you first received information of a 
bid being made by Wilder? 

Answer. This was at Aiken, on the night of the 14th or 15th October. 
I took the night train to Brainard, and at Brainard found my mail, which 


83 


liad IxHMi forwarded from White Earth, and was two or three weeks be¬ 
hind date from my liavinj;- been on the move; and in that mail I found 
a !ett(‘r from tlie Aetin^ Commissioner of Indian Affairs, informing* me 
that \\ ilder had bid 8l.dl) for the same pine that Clarke had bid 81.do 
for; and that, iiidess better bids could be had, 1 should contract with 
\\ ilder. This letter from the Acting’ Commissioner, which I received in 
the ni‘i:lit alter 1 had sent the tele^^ram to Clarke, or the next morning', 
w;is my first knowledge of the existence of such a man as Wilder, and 
of course 1 could have had no knowledge that he had made such a bid, 
and did not have any. 

(^)uestion. Have you said at any time that this contract with Clarke 
was c.am^eled because a higlier bid had been made by Wilder? 

Answer. 1 may have done so. 1 now consider that to have been the 
reason why the bid was not accepted by the Department. 

(Question. When you speak of it being canceled, do you mean bv 
you ? 

Answer. If I said “canceled” it must have been in a loose way, be¬ 
cause it was never completed. It was rejected at Washington, and so 
was never a contract, being entered into subject to the ai)proval of the 
J)ejmrtment at Washington. 

■f^fuestion. What do you know as to the reason of the Department at 
Washington disa])i)roving it ? 

Answer. I oidy know from the letter of'the Acting Co'mmissioner, in¬ 
forming me that 81.1)0 had been offered for the same i)ine by Wilder. 

(Document shown to witness, mark(*d E E, and witness continues:) 

This letter is dated IStli Se[)tember, but (lid not reach me until my 
aii'ival at Bniinard, after passing the telegraph station at Aiken, on the 
night of the 14th ()(;tober. 

Question. Before you went to Washington in November ? 

Answer. On the iiight 1 reached Jlrainard, a gentleman called upon 
me whose name 1 don’t recollect, and asked when Wilder of Saint Paul 
could have an interview with me. 1 told him I was going to the ^Iille 
Lac ()ayment next morning, and should be back on Thursda}", (this was 
on Tuesday,) and on my return I saw ]\Ir. Wilder at the hotel. He 
asked for an interview, and asked if 1 had received any notice from 
^Vashington resi)ecting his bid. 1 told him I had a day or two belbre, 
but had been very busy and had given it no consideration, and was not 
j)rei)ared to say anything resi)ecting it. I had no commuidcation with 
Wilder on this matter, or on any matter relating to it in Washington 
after that. 1 casually met him once in Saint Paul on the street, and 
once on the cars going to Chicago. 1 had been to Wisconsin, attend¬ 
ing a missionary meeting. 

(Question. State what was the object of your visit to Washington at 
that time ? 

Answer. 1 was very anxious that the Bed Lake contract which I had 
previously made with Merriam should be settled, either api)i()ved or 
disapproved ; nothing else so far as this contract was concerned; my 
visit had no reference to this contract except indirectly. It had refer¬ 
ence to the interests of the Pillager Chi})pewas round Leech Lake as 
well as the White Oak Point Indians, and also the condition of things 
at NVhite Earth, and to confer with the Commissioner as to appropria¬ 
tions for the winter. 

(>>uestion. We think it important to this investigation that you state 
the number of Indians in any way subject to your supervision as agent, 
those who would participate in the sale of this pine under the Wilder 


84 


contract. From the time you began your duties what was to be done, 
and the reasons you had to suppose that this sale was necessary'^ 

Answer. I came to the agency in the spring of 1871. There were not 
far from 0,000 Indians then embraced in that agency. About from 4,200 
to 4,500 of these Indians have proprietary rights in what is’known as 
the Leech Lake reservation by treaties—different treaties. They were 
recognized by the Government as four distinct tribes, viz: The Gass 
Lake Chippewas, Winebagoshish Ohi|)pewas, the Pillager Ohii>pewas, 
and the Mississippi Chippewas. The Pillager Chippewas were divided 
into three bands, living on three distinct and widely-separated localities, 
at Leech Lake, (called Leech Lake Pillagers;) Otter Tail Pillagers, at 
Otter Tail; and White Earth Pillagers, at White Earth. The Missis¬ 
sippi Chippewas were divided into live bands, living in five different 
and widely-separated localities, viz: At White Oak, Gull Lake, Mille 
Lac, Snake River, and White Earth ; making in all ten distinct bauds of 
Indians, living separate, who have rights in Leech Lake pine on the 
Leech Lake reservation. Ail of these Indians, except the White Earth 
Indians, were in great necessity—reduced to extreme necessity—for 
means of subsistence, especially tin? White Oak Point Indians and the 
Pillagers at Leech Lake. The game has largely disappeared from the 
country; no farms have been opened for these Indians; they have no 
means of subsistence (aside from the few furs they can catch) except fish 
and berries. Conse(]uently they are obliged to run over the State and 
live as they can, to the great annoyance of the settlers. By the laws of 
Minnesota, an Indian has no right to be off his reservation. These Indians 
have no possible means of living on their reserves, and the only way in 
which they could be provided for was to open and clear the lands—to 
open farms so that they could raise something from the soil. By the 
treaty the appropriations for the Pillagers are not adecpiate to begin 
any such work, and in their behalf I endeavored to secure larger ap¬ 
propriations, substantial appropriations for this purpose, but did not 
succeed. The Indians frequently made reference to their pine in their 
conversations with me, and I was desirous to realize something from it. 
I saw that they had on their reservations the means for their relief and 
improvement; that relief was in their ])ine. Schools could be provided 
and farms opened, and, after a while, they could be made self-sup[)ort- 
ing in their own country, and for this reason I was led to make inquiries 
frequently, and from parties generally, as I met them, as to the proba¬ 
bility of procuring a sale of the pine and as to its value. As the result 
of my inquiries, I procured proposals from certain parties in Minneapolis, 
including two of the heaviest lumbermen in the State, for the pine on 
the Leech Lake reservation. The highest that I could get for the stump- 
age was 30 cents, and finally I induced them to make an offer of $2.50 
per acre for portions, of the reservation, in tracts not less than eighty 
acres each, as they might select. This offer I forwarded to WTishington. 
No contract was made nor attempted to be made, but the proposal was 
forwarded. 

Question. Who made that offer ? 

Answer. Clinton Morrison, W. W. Eastman, and 0. M. Loring. I re¬ 
ceived instructions, in reply, from the Indian Office, to lay the matter 
before the Indians, and to enter into a contract with their consent with 
these parties on the terms proposed, and forward the contract for the 
action of the Indian Office. I repeated to these parties the decision of 
the Indian Department, but they declined to proceed with the matter, 
giving as a reason that they did not believe that the pine was worth 
what they had offered. The bidders declined on several occasions, and 


85 


I called their attontion to the otter before, but ^?ot only the same response. 
This otter was lyinj? unaccepted for more than eight months i)revioiis to 
the Wilder contract. 

(»>uestion. What were the revenues of the Indians at White Earth 
when you entered on your duties ? 

Answer. I cannot say exuctly, but by reference to the treaty ; cannot 
recall; some were from 812,000 to 81o,000 a year, aside from their an¬ 
nuity ])ayment, which was cash in hand. They number from six to seven 
hundred now; at that time there were three to four hundred. 

Question. How many were there who had a right to participate in 
this revenue ? 

Answm’. All, except the Ihllagers, if thej’ would come there. 

Question. What was the situation of the White Earth reservation as 
to improvement when you took possession ? 

Answer. There were two farms open, one of 125 acres and the other 
less than 100 acres. Three or four Indian chiefs had small patclies 
broken; there was a second-hand saw-mill entirely broken down; a 
farm-house; a blacksmith’s sho}), and eight or ten houses belonging to 
the Indians; and some live to eight yoke of oxen. That was in the 
spring of 1871. 

(The examination of E. P. Smith was suspended at this point in or¬ 
der to receive the testimony of other witnesses, after the recei)tiou t)f 
which, Mr. Smith proceeded as follows:) 

Examination resumed: 

By Judge Jones : 

Question. You have said that the Chippewas at Leech Lake had a 
right to particii)ate in the advantages you sjmke of, if they removed to 
Wliite Earth ? 

Answer. I said the Mississippi Chippewas. 

(Question. Explain fully. 

Answer. In 18(>7 the Mississit)pi Chippewas made a treaty ceding 
large bodies of pine-lands, taking in return the reservation known as 
White Oak. The evident intention of the (xovernment was to make 
that reservation a home for the Chii)pewas, and any of these Missis- 
sip[)i Chipi)ewas living in the places mentioned have a right under the 
treaty to go there and partake of those benetits. 1 think that answers 
the question. 

Question. You said that you understood that you, as agent, had au¬ 
thority to negotiate for the sale of the pine, but that you had no such 
authority without the consent of the Indians? 

Answer. Y.es. 

(,)uestion. Was it your understanding that, by the usage of the In¬ 
terior Department, you might contract for the sale of the timber with¬ 
out that consent ? 

Answer. No; I supposed that the usage of the Department was uni¬ 
form in that respect, but I saw substantial reasons it ought not to be so, 
that is, to dei)end upon the consent of the Indians; but 1 supposed that 
the Dei)artment always acted on their consent. 

(,)uestion. Wliat was done after what you have said with reference to 
the Clarke contract with regard to the sale of the timber previous to 
the conq)letion of the Wilder contract in Washington ? 

Answer. There was nothing more jiievious to the negotiation of that 
contract in Washington. 

(^)uestion. What part did you take in that negotiation, and what rea¬ 
sons had yon for what yon did ? 


86 


Answer. I had conversations with Commissioner Walker upon the 
interests of the Pillager Indians, and asked that he would put into his 
estimate an appropriation of $30,()()() to be spent for their benefit. He 
called my attention to the correspondence as to the sale of timber in 
my agency, and asked me if this timber could not be made available 
for this purpose. 1 told him that the Pillager Indians had no share in 
the White Oak Point timber; that that belonged to the Mississippi 
Ohippewas. There was further discussion, not very extended, as to the 
interests of the Pillager Indians, and as to the difficulty of securing 
appro];)riations; but I gained Avhat I considered a promise from the 
Commissioner that he would endeavor to secure an appropriation for 
the Pillagers. I might say, perhai)S, that I was; encouraged from 
wliat he said to expect relief of that kind. He called my attention to 
Mr. Wilder’s bid of $1.00, and also to his letter to me, instructing me 
to accej)t it unless I could get a better offer. I told him I did not 
think I could get a better offer ; that it was a higher figure than I had 
had named for the timber; and then he proi)Osed, as I understood, to 
draw up the contract with Wilder for $1.00. I was in haste to return, 
but the Commissioner desired me to stay till the contract was completed. 
The next day, or the second day after, I was in the Department when 
some question with regard to the contract was under discussion between 
Wilder and the Commissioner. The Commissioner turned to Wilder and 
said, “ Why not make a bid for the whole pinef’ Wilder replied, ‘‘All 
right; ” and, after some banter, he did make a bid for it. The Commis¬ 
sioner compared that bid with the other bid of $1.60, and finally pro¬ 
posed to let him have the pine—the whole of the timber—at $1.30. 
Wilder declined to consent, and finally took it at $1.15. I don’t know 
who first inade that pro])osal. General Walker, at several points in the 
negotiation, consulted with me as to the comparative value of this timber 
and its quantity as compared with that on the White Oak reservation. 

Question. Where did you first see Wilder on that occasion ? 

Answer. I met him in the Commissioner’s room two or three days 
before. I had seen him in W ashington previously, and had no commu¬ 
nication with him till they made the contract. 

Question. What information did you give the Commissioner'? 

Answer. The contract was not made the first day, and between that 
time and the time it was made I probably saw Mr. Wilder, and it is not 
unlikely that we talked about the pine on the Mississippi River, but 1 
have no recollection of it. It is probable that we should. 

Question. If you did see Mr. Wilder, had you any^ conversation with 
him as to what he ought to give for it ? 

Answer. I knew his bid was $1.60. 

Question. Had you any conversation with him as to any figures he 
could have the pine at ? 

Answer. No ; nor anything about that. 

Question. State what you said to the Commissioner by way of inform¬ 
ation that you received ? 

Answer. I called the Commissioner’s attention to the proposals which 
I had forwarded to him nearly a year before for this whole tract of pine, 
and that I had notified the parties that I was instructed to comi)lete the 
contracts and forward them for the consideration of the Indian Office, and 
that those parties had gone back on their proposition and would not buy 
the pine on the Leech Lake reservation, they selecting their 80-acre tracts 
at $2.50. I also called his attention to the fact that the ice in Leech Lake 
often does not go out till the middle of May, and that I have taken my oxen 
across to Bear Island and another island, and done spring plowing and 



87 


caino back a^aiii on solid ice, and for that reason the delay in drivinf>' logs 
wonld make an additional cost, and of course render Uie lumber jno- 
portionally of less value. Then he asked me if I did not think tliat 
81.15 for the whole was better than 81.00 for the :\Iississii)pi River i)ine. 
Commissioner Walker and General Olum and Mr. Wilder and I were 
in the room. 1 told him I thought it was. Then he said, “ That wdl 
give your Pillagers money just the same as if they had au appropria¬ 
tion.” I said, ‘‘Yes, if I could have some money in advance.” Then 
he negotiated with Wilder that there should be advance payments this 
summer of 810,000. I told him that was not what was needed. lie 
said it was the only chance, and the contract was drawn without any 
suggestion from me as to its form, so far as I remember, by Commis¬ 
sioner Walker and his clerks. The question occurred as to whether 
the Indians had given their consent to the sale of th(‘ pine, and 1 told 
Commissioner Walker thatthey had not; that they had talked with me 
about the pine, and that only the White Oak Chippewashad consented, 
and that they liad gone back on that consent. The (piestion was <lis- 
cussed at some length between the Commissioner and General Cowen 
as to whether the Department would take the responsibility, as guard¬ 
ians of the Indians, of selling without their consent. Commissioner 
Walker was very emphatic in the oi)inion that the Government ought 
to do so, if it would in any way benelit the Indians, and'when the con¬ 
tract came to be signed—I contracted and he approved—he add(‘d that 
as the Indians had not given their consent to make it he considered it 
advisable to have the ai)proval of the Secretary of the Interior, and 
General Cowen did so api)rove it, as Acting Secretary of the Interior. 

Question. What means did you take to inform yourself as to the 
character of this timber and as to its value ? 

Answer. I had been through the reservation in throe directions, east, 
north, and south, and knew something of the character of the streams 
and timber, but oidy in a general way. 1 had impiired of many parties 
res[>ecting the timber, and impiired as to the best means of realizing on 
it for the benelit of the Indians, and from the information received at 
different times and from ditferent persons, 1 formed my estimate. 1 have 
never in conv^ersation with any one, nor told any one, that the ]>ine of 
Leech Lake would take two years to get out generally, and that for 
that reason the timber would be depreciated. 

(Question. State whether this arrangement was, in your honest judg¬ 
ment, one that was for the interests of the Indians ? 

Answer. 1 believe that no act of mine in my administration in Min¬ 
nesota was so benelicial for the Indians as the sale of that pine. 1 be¬ 
lieve the Indians are now placed in a position to be made confortable 
on their farms, and in their houses that can be built out of this money. 

Question. Do I understand ,>ou that in this sale, running through 
this length of time, you thought it necessary to make the sale of the 
whole of it on those conditions ? 

Answer. Ordinarily when a man wants to purchase anything he wants 
to control it, and the sale of the whole couhl be made to so much better 
advantage than of a part only. Then there were those dilferent tracts 
in this reservation, three different tracts, belonging to three ditferent 
bands of Indians, under the treaty ; and in order to help them you must 
cut ])ine from no reservation or else a certain amount of ])ine from each 
reservation, which would require a contract with three ditferent parties, 
or one for each, and could not be made so advantageously. 

Question. Why make the contract i nn through so many years ? 

Answer. I heard many persons say that they would not go into that 


Leccli Lake country at this time to have the lumber for nothing, and 
that the only possible contract that could be made would be one em¬ 
bracing a terui of years, so that as timber became scarce, it would pay 
to go up and lumber there. Clarke was to make all his payments in 
four years, and that was for a comparatively small amount of i)iue. 

Question. This was a large contract. What investigation did you 
make as to the responsibility of the parties ? 

Answer. I did not consider myself as making the contract. 

Question. Lid you give anj^ advice on the subject? 

Answer. I think the Commissioner asked me as to Wilder’s standing 
in Saint Paul. I told him I knew scarcely anything about him, that he 
was a stranger to me. Then the Commissioner said he had received 
letters of introduction. General Hancock and others giving Wilder the 
highest character. 

Question. You have mentioned General Walker and General Cowen 
as being present; where was the Secretary of the Interior ? 

Answer. He was not there, then ; not in Washington. 

Question. Have you said all that occurred then with reference to au¬ 
thority from the Indians ? 

Answer. Yes. 

Question. State whether in reference to that matter you gave any 
opinion. 

Answer. I told General Walker I was glad to hear him say that their 
consent ought not to be considered necessary j that it was time the 
Government should take care of its wards according to its feeling of 
what was right; that it was impossible to negotiate with the chiefs 
without also negotiating with other men; that often different bands, 
every one had its set of men who must be satisfied before a contract 
could be made, half-breeds and traders and whisky-sellers, and some¬ 
times all of these combined. General Walker referred to a case in point. 
He said that “ these White Oak chiefs had been tampered with, and 
had been induced to go back on their offer to sell, and that it was not 
worth while to consult people who did not know their own interest.” 
These Indians would often propose to me to sell the pine by the tree, 
and had no idea how much 1,000 feet would be. I have tried to explain 
to them by showing how many boards were in a building, but found it 
impossible to make them understand. For that reason it seemed to me 
to be unnecessary, so far as it was a question of expediency, to consult 
the Indians. The only reason for consulting them would be to keep 
them satisfied, and that I consider as highly desirable in all cases where 
it can be done. 

Question. At the payments subsequent to the execution of the Wilder 
contract, were the Indians aware of the contract and its terms ? 

Answer. That contract was made in November. I was one month 
at home, at my headquarters, and that was so severe a month that it 
was impossible to get across to Leech Lake, and after that I went to 
Washington again, and returned about the lOth March, and on my way 
back I was notified, by telegram at Saint Paul, that I was appointed Com¬ 
missioner, so that I had no opportunity to go to these Indians at Leech 
Lake. But as soon as I found that I was to leave the country, I wrote 
to Douglass, my representative at Leech Lake, and told him of the con¬ 
tract, and sent him a copy of it, and asked him to gather the Indians 
together, and explain it to them ; tell them of its provisions and what 
was to be done with the revenues received from it; and as a matter of 
form, and to have something to fall back upon hereafter, to get their 
assent to it. I have no official information as to what he did in the 
premises, but I think he followed my suggestions. 


\ 





89 


Question. Have you seen any of tlie Indians since ? 

Answer. I met at White Eartli a delegation of these Leech Lake In¬ 
dians, who informed me that they had been sent by the band at Leech 
Lake to in([uire more about the contract that Dr. Barnard had read to 
them, and I gave tliem a full account of it; told them that it was sold 
to iMr. Wilder by the Commissioner; that he had decided to sell it with¬ 
out their consent, because he knew more about it than they did them¬ 
selves; that I believed the sale was for their benefit, and told them of 
some things that would be done with the money; among other things, 
that they would have a saw'-mill that summer. They had been obliged 
to transport lumber some seventy or eighty miles ; that tliey should have 
horses and wagons, but that no money in hand would be given to them 
under the contract if I could help it; and in my instructions to Dr. 
Barnard I w as very positive as to that, and that he w^as to have a full 
understanding with the Indians that they were not to receive money, 
but to be helped in the ways of civilization. I was positive on that, 
because the Indians were heretofore suggesting that they would get 
funds to pay their debts to the traders. Those around concurred, and 
the traders had spoken to me about that arrangement to pay the debts 
of the Pillagers to them in this way. 

Question. What do you mean by using the money to help the Indians 1 

Answer. To be used under the direction of their agent for their ben¬ 
efit in making such improvements on the reservation as should enable 
them to get a living out of the soil. 

Question. Was it part of your policy to pay them, even if they worked 
for themselves? 

Answer. Yes. 

Question. Your idea being that you could not civilize them without 
making them work ? 

Answ’er. Yes; that is the first step, I consider, toward their civiliza¬ 
tion, and is indispensable to it. 

(llere Commissioner Jones announced that Mr. Wilder, who had just 
entered the room, had informed him that he had found the letter from 
Agent Clarke, the letter which had been mislaid.) 

The examination of E. P. Smith was then resumed : 

By Commissioner Jones : 

(j^nestion. What did these Indians say after it was explained to 
them ? 

Answer. An Indian who came to me there was one of the most trouble¬ 
some Indians at Leech Lake, but he expressed himself as satisfied with 
the arrangement, so far as he w^as concerned, and said he w’ould go home 
and tell the Pillagers what I had told him, and he thought that they 
w ould go to work. The White Earth Indians were present at this time; 
it was an open council. I reminded them that they had an interest in 
this pine; that it had been sold without their consent, because of the 
difficulty of gaining the consent of all the Indians, and that if only the 
White Earth Indians w ere interested, I should not have thought of sell¬ 
ing it. I spoke to them of the pine on their own reservation ; that this 
Leech Lake pine w^as sold for 81.15, but that theirs ought not to be sold 
for less than 8^^, and that in no case should they sell their pine without 
consulting their best friends, and especially Bishop Whipple. They re¬ 
plied that they did not want to sell, but as to this other pine they were 
satisfied with regard to it. 

Question. What is the condition of the White Earth Indians at 
present? 



90 


Answer. I regard them as one of the most hopeful bands of Indians 
in the country. They have begun to work; the ambition of the reser¬ 
vation now is to have houses and fenced fields, and they have raised a 
good crop of wheat this year, and for the first time in their history they 
have enough to eat without hunting. 

Question. Gan you state the number of their houses and the num¬ 
ber of acres broken ? 

Answer. There are between one hundred and twenty-five and two 
hundred houses—I cannot say nearer—in which Indians reside on this 
reservation. Cannot say as to the number of acres opened ; the plow¬ 
ing that I have done has been mainly small tracts round each man’s 
house, from three to ten acres for each family. 

Question. At the time your agency began had thej" any property 
separately from others, and how many of them ? 

Answer. I think from eight to fifteen families had. 

Question. How many now ^ 

Answer. Over from one hundred to one hundred and twenty-five 
families. The population is not far from one thousand there now. 

Question. Are the Mississippi Indians still coming there ? 

Answer. Yes; thej^ come by families and individuals. 

Question. Are they wild Indians ? 

Answer. All not there are wild Indians. 

Question. What proportion of those now at White Earth were wild 
when you began ? 

Answer. I should say there were thirty families who were dressed in 
citizens’ clothes. 

Question. Do you know of any person connected with the Interior 
Department, or in any way connected with the Indian Bureau, who has 
or is supposed to have any interest in this contract? 

Answer. No. 

Question. What do you know about, or what connection had you with, 
this Merriam contract ? 

Answer. I made a contract with a man of that name. He lives in 
Minneapolis. Don’t know his initials; G. W., I think. It was for the 
Eed Lake pine, at $2.50 stumpage. I made that contract after making 
inquiries as to the value of the pine, and after receiving permission from 
the Indian Office and the consent of the Indians. At that time there 
was more competition for that pine than there is at present, and than for 
any other pine, as far as I know. That pine goes into Manitoba, and is 
neaily all the pine that can go into that country of any amount from 
the Eed Eiver Valley. That contract was approved by Commissioner 
Walker while I was in Washington. I called his attention to the 
interests of the Indians, and said I wanted to secure payment on the 
l)iue that winter to help the Indians in civilization. On my return from 
Washington, bringing back the contract approved, I found in my office 
at White Earth a letter from the Commissioner of Clarke’s bid of $3, 
and instructing me to contract with him if he was a responsible man. .1 
made no reply to that letter, because all action had been forestalled by 
giving the contract to another party. The letter was written before I 
went to Washington. 

Question. Was anything said to you at that time about anv higher 
bids ? 

Answer. No. 

Question. Was there any time when you could have cancelled the 
contract and received the benefit of the higher bid of Clarke ? 

Answer. No. 


91 


Question, \\ hat have 3 T)U to sa^’ as to this beine* a fair price for this 
timber ? 

Answer. I don’t think it is fair. I tlhiik it is too large. The cutting 
of timber and getting it to mai ket, and the great diflicnlty of lumber¬ 
ing in that country, and the fact of there being scarcel,v an.v market, 
I understood—I liave no personal knowledge of that: for these reasons, 
I don’t thmk that that contract could be now taken to-da.y for more 
than 81.-3. It is a veiy diliicnlt country to get into. Yon have no 
road, except Irom Ilrainard and across Leech Lake, necessitating making 
reads tor snjiplies lor more than one hundred and fifty miles, nearly 
two hundred miles. 


Satiuiday, Decemher 13thy 1873. 

E. 1\ Smith’s evidence continued. 

]>y Judge Jones : 

Question. 1 believe 3 'on finished the statement with reference to the 
Merriam contract. In yonr connection with the Rust contract, what did 
yon do 

xVnswer. Some time in November last I was sent for to see the agent of 
the Lake Superior Chipiiewas, who was (piite ill and in his room at the 
Metropolitan Hotel, Saint Paul. 1 found him quite low and unable to 
see any one, and found the person who claimed to be in attemlance 
upon him, having acconqianied him on the cars from theagenc.y, named 
Goiicher. He told me he had been trying to get the attention of 
Olark to an oiler which he wished to make for the Com t n Oienles’ 
pine. I impiired particnlaiiy as to the pine,and he said that (dark had 
alread.v contracted with a person named Rust for that pine; that a gentle¬ 
man named Gilmore was then in the hotel, and was there about to contract 
for Rust. As soon as I could 1 went to Clark and asked him what he had 
sold it for. He said, for 83(),()()(). 1 made impiiries as to the probable 

value of the pine. I found in the hotel ^Ir. Laird, of Laird & Co., 
whom I knew ]>ersonall,v to be lumbering on the (hii])pewa River, and is 
familiar with the maiket-i)rice of timber in that vicinity. I also found 
in the hotel a i)erson named Cornell, who had been through this Court 
d’Oieilles reservation, as a timber explorer. From these gentlemen I 
satisfied myself that tlie pine was worth more than $30,000, and I pro¬ 
cured from Mr. Laird a promise that he would telegrapli Commissioner 
Walker an offer of $100,000 for the same pine, which telegram, I after¬ 
wards learned, he did not send. 1 then went to Clark and told him 
what I had done, and advised him to t(‘igrai)h to Commissioner Walker 
thar an otfer ol' $ 100,000 had been made for the pine which he had sold 
for $30,000, and suggested that he should mark the telegram “confiden¬ 
tial,” so as to be sure of reaching Commissioner Walker’s desk; other¬ 
wise a telegram might get into the hands of a clerk, and be delayed for 
some time, i)ossibly, in reaching the Commissioner. Agent Clark tele- 
gra])hed according to 1113 ^ suggestion. 1 found, however, upon further 
inipiiiy, that he liad actuall 3 ' completed the paper.s, so far as he was 
(amcerned, and that they had gone to Washington, and I had some ap¬ 
prehension that the contract might be carried through; but, as a pre¬ 
caution, I procured another telegram to be sent directly to the Secretaiy 
of the Interior, re(iuesting that the sale to Rust should be susiiended, 
or something to that elfect. I afterward made further impiiiy con¬ 
cerning the value of this pine, and found the market value to be from 
00 cents to $1.00 per thousand feet, this estimate being made 1)3^ 



92 


different persons. I called upon Mr. Laird several times afterward, 
in Winona, and endeavored to have him increase his bid, as it was 
worth more than $100,000; but he declined, though he was desirous 
to obtain it on his bid. I then found Mr. Wilder. Whether I spoke 
to him first or he to me, I am not certain, but I endeavored to 
have him put in a higher bid than had been offered, and finally 
procured from him what I regarded as worth $1.25 to $1.50, and, 
possibly, $1.75 per thousand feet, which I forwarded for him to 
Agent Clark, if I remember correctly. I either forwarded it or advised 
him to, after having put it in such form as I thought most beneficial to 
the Indians, and so as the mostcertainly to i)rotect their rights. This 
contract with Mr. Wilder, I afterwards learned from Clark, he did not 
forward, because he had been directed by the Department, as a result 
of the telegram to the Secretary of the Interior requesting suspension 
of action, not to take any further action as to the sale of that timber. 
Bust, as I afterward learned, claimed that his contract for $50,000 was 
completed once, and after that could not be set aside ; and the Assistant 
Attorney-Ceneral, the solicitor to the Department, sustained that claim 
of Bust’s in his decision to the Secretary ; but Bust subsequently, and 
in consideration of an extension of time for cutting the timber, and for 
other considerations, made a supplemental contract giving $75,000 
more, making, in all, $125,000 for the pine which he had at first pur¬ 
chased for $50,000. My action as to this matter with Agent Clark and 
the affairs of his agency arises from the fact that the Indians in Wis¬ 
consin and Minnesota were assigned by the Department to the care of 
the American Missionary Association, of New York, of which associa¬ 
tion I was an officer, and had specially committed to me the supervision 
of their affairs in these agencies. This threw upon me the responsibility 
of protecting the Indians in all their rights, and of advancing their in¬ 
terests in every way possible, including the Indians comprehended by 
the agency of Clark. The association was desirous of assisting these 
Indians with schools, farms, and so forth, from the funds that they 
would obtain for their pine, which w^as supposed to be available for 
such purposes, and to provide teachers and farmers, who have already 
been sent to them, on the nomination of the association, for the assist¬ 
ance and improvement of the Indians. I may say that among the per¬ 
sons whom I consulted with regard to the pine at the Metropolitan 
Hotel was the Hon. H. M. Bice, who has been for a long time interested 
with these Lake Superior Chippewas, who were under Agent Clark. 
I met Mr. Bice in the corridor of the hotel just after I had learned from 
Clark of the sale of this pine, and of the value of it, and I informed 
him that it had been sold for $50,000, which certainly was not more 
than half its value. He said that that made no difference, because 
$50,000 was just as good a sum for them as $100,000, as they would 
squander it any w^ay. I told him that I thought it did make a differ¬ 
ence, and that I was going to stop it, if possible. 

Question. Where was this conversation with H. M. Bice ? 

An«'vpr. In the corridor, right by the clerk’s desk in the Metropoli¬ 
tan Hotel. 

Q .efeLion. Was any other person present? 

Answer. Don’t know that there was ; there were persons around. 

Question. Beference is made in Mr. Welsh’s charges to Mr. Bice, in 
this connection, as having in his possession certain correspondence. Do 
you know wt^ofiier he has such correspondence, and its nature ? 

Answer. He may have the correspondence wLich passed between 
Agent Clark and me with regard to this sale. I don’t know of any 


93 


corrospondonce witli Clark, however, except with relation to the offer 
that Wilder had made, and which 1 ,tohl Clark was the best offer I 
conld ‘i'et, and hoped he wonld accept in ])hice of linst’s contract, or 
something; to that effect. J doift recollect the correspondence, except 
j^enerally. 

(v>nestion. Did yon keep co[)ies of what yon wrote to Clark? 

Answer. No : the correspondence was not oflicial; 1 was not acting 
as agent, only as a friend of Clark’s, and on behalf of the association 
in New York. 1 kept no copies of the leWers, but there was nothing in 
that correspondence—it is not possible—that in any way implicates any 
person. 

Question. Have yon any knowledge, or the means of knowing, how 
it conld be that Ki(;e has that correspondence ? 

Answer. Yes j Llice has been in communication with Clark while the 
latter was in the Chiin^h hospital in this city. Clark has been sus¬ 
pended from otlice as Indian agent for intemperance and incompetency. 

(Question. How long is it since you saw Clark ? 

Answer, i saw him last in March of this year, here in Saint Paul. 

Question. Something has been said as to the difficulty of securing 
documents and papers relating to this investigation. State what you 
know with referenc(^, to the disposition of the Department at Washing¬ 
ton as to allowing the examination of pa[)ers in theOflicg,and the furn¬ 
ishing of copies. 

Answer. Mr. Welsh told me the day before I left Washington that 
the Secretary of the Interior had given him permission to inspect any¬ 
thing in the Office, and to ask any (piestions of any person in tlie Office 
on any subject, and that he had lull access to all the pa[)ers in the 
office. 

(Question. As a matter of fact how has that been ? 

Answer. He has had entire liberty in the Office, and has got any papers 
he has asked for. 

(,)uestion. To what office do yon refer ? 

Answer. The Indian Office and the Secretary’s Office of the Depart¬ 
ment of the Interior. I can speak officially of my own office, that of 
the Indian Dureau, under my supervision, and can say that Welsh has 
availed himself of this liberty rejieatedly. Copies have been furnished 
him by my clerks, every one that lie called for. He called for a copy 
of the Wilder contract, and 1 had it made out and sent to him. That 
was some time in August or September. He told me afterward that 
he had sent that copy to liice, and that Ptice caused its publication in 
the Saint Paul Dispatidi. 

(Question. Under what circumstances were you first notified that 
Laird would make a bid for this timber in the Rust contract ? 

Answer. The same evening that 1 brought the matter to his atten¬ 
tion, I urged him to make a bid, and he said he would do so. That 
was at the time Laird was in the hotel. 

Question. What is Mr. Laird? 

Answer. He is a lumberman and manufacturer. 

Question. State whether you had any object in attempting to stop the 
completion of this Itust contract other than you have already said. 

Answer. 1 had none other. 

(jfuestion. State whether you had any reason to believe that Laird 
wonld make his bid for any other object than for his own interest ? 

Answer. No ; he is a man of the highest character. 

C,)uestion. J3o yon swear that your only object was for the purpose of 
securing a better price for the Indians ? 


94 


Answer. Yes. 

Question. I ask wlietlier you believe that Mr. Eice can have in his 
])ossessioD any })apers material to this investigation other than tliose 
yon have referred to ? 

Answer. I don’t see how it is possible. I think I am familiar with the 
character of all the i)apers that liave passed. 

(Question. Have yon a copy of the Enst contract ? 

Answer. No; not with me. I have, in the office in Washington. 

Question. Yon can furnish us with a copy 

Answer. Yes. 

(^Inestion. I mean both ; the first contract and the supplemental 
one 

Answer. Yes; and the correspondence relating thereto, in the Inte¬ 
rior Department and my Department. 

Question. State what you know in relation to the contract with Sim¬ 
mons, of Hartford, Connecticut, for the pine in Lac de Flambtau reser¬ 
vation ! 

Answer. Simmons was introduced to me in Chicago, by the Eeverend 
Mr. Williams, who had told me that Simmons desired to })urchase the 
pine in Clark’s agency, in Lac de Flambeau reservation. Mr. Williams is 
pastor of the Forty-seventh street Congregational church, and is on the 
committee of the American Missionary Assocaaiion of Chicago. Sim¬ 
mons told me that he had been conferring with Agent Clark about the 
sale of the pine, and that he, Simmons, had made a proi)osal for it, 
and my impression is, but I am not certain, that a contract was made 
in accordance with that proposal, to purchase the pine for a certain 
amount; don’t remember the amount; and also for a portion of the 
profits which might arise from the actual disjiosal of the pine; i. e., he 
was to i)ay a certain amount, a guaranteed certain amount, and, in ad¬ 
dition, to give a certain percentage of the profits that would arise froin 
the pine, the cutting of the pine to run through a term of years. I 
told Simmons and Clark, who were together in Chicago, that no such 
contract could be made: that it would not be approved by the Depart 
ment, and that the Government could not possibly enter into any operation 
of the kind in any contingency, and that it was not worth while to for¬ 
ward any such proposition to Wbishington ; and I suggested a form of 
contract, or something to that effecd, (it has passed from my memory,) 
in which the sale might be made if it were approved by the Depart¬ 
ment, and I think it was straightened up in Chicago at the time, in the 
olfice of the Amei ican Missionary Association, but of that my memory 
is not distinct. I came from Chicago directly here, and learned of 
my appointment as Commissioner, and went back to Washington in 
a few days, and then the matter came before me again, througii Simmons, 
who came to see me, and it was either by him, or by General Howard, 
secretary of the xVmerican Missionary Association—I am not certain 
which—but at any rate the contract was brought before me, and, as I 
considered, in about the same sha[)e as it was in Chicago. I declined to 
have anything to do with it, not wishing to take tlie responsibility of 
selling any pine in Wisconsin except after public proposals and adver¬ 
tisements; and this on the ground of vvhat I knew to be the feeling of 
the Congressmen IVom Wisconsin, who had complained as to Menomenee 
pine that it was not right to the citizens of Wisconsin to sell pine at 
higher rates than the citizens were obliged to pay at Government 
sales; and they protested against any negotiations for pine that would 
not include a chance for the citizens to purchase at the same rates as 
they could purchase from Government. That is all I know in relation 


to this contract or that I can recollect now. ]\Ir. Welsh inquired of me 
some (lays a^o for that contract, and at first I thought it was in the Of¬ 
fice, but my recollection is that Simmons,tindinff that L, as Com.nissioner, 
declined to api)rove of the proposition to sell the pine, witlidrew tlie con¬ 
tract and that he has it now ; that I speak of from indistinct memory. 

I considered the whole affair as bein^^ inchoate and of no consequence, 
l)ecanse nothinjjwas done, or attempted to be done, by theOflice. 

(^>nestion. 1 call your attention to the fact that Welsh says that the 
correspondence with Clark could not be found in the Office. 

Answer. Whatever correspondence Clark had accompanied the con¬ 
tract so far as 1 know. It would be i)art of the proi)Osal, and wlien that 
was withdrawn, probably the correspondence went with it. 

(,),uestion. Do you know anything’ as to how it disappeared ? 

Answer. Only this recollection. Simmons said that, if 1 was notft’oin" 
to do anything, he wanted to withdraw everything; and my impression 
is that he did so. 

(Question. Where does he reside ? 

Answer. In Ilartfortl, Conn. 

(,>uestion. What is his business'? 

Answer. I don’t know. 1 first saw him in Chicago. I was introdnced 
to him by the Reverend .Air. Williams. I knew nothing of him before, 
but Mr. Williams indorsed him without hesitation. I had no connection 
with him except what I have said. There may have beCn letters of in¬ 
quiry— 1 tliinkso; I think about two months ago—askiiig me if any¬ 
thing could be done on that pine. 

Question. Was that before or after he withdrew the ])ai)(‘rs ? 

xVnswer. After. lie witlidrew the ])apers soon after 1 came to Wash¬ 
ington, and soon after he made the offer. 

Question. It is said here in the complaint that you stated that you 
had urged the acceptance and completion of this contract and that you 
were only deterred from doing so by members of Congress from \Ms- 
consin. Do you say that this allegation is correct or not ? 

Answer. I had had no communication with any members of Congress 
about it at all, and I don’t know that 1 stated to any member of Con¬ 
gress that there was any projiosition to .sell this pine; but I kn(‘w that 
it was, as I have said, (dijected to on general iirinciples as being dis¬ 
advantageous to citizens to dispose of pine in this way ; and this I 
stated to .Air. AATdsh distinctly before these charges were drawn up. 

(Question. I ask you whether you did say to AVelsh that you had en¬ 
deavored to get this contract ap[)roved ? 

Answer. I did not. On the contrary, I declined to do anything 
in it. 

(>).uestion. Do you remember whether you told him so ? 

Answer. My action in reference to this pine had the same reason and 
motive as my action as to the Court d’Oreilles’ pine. Xo action was 
ever taken on this contract. 

r>y Mr. Jennings : 

Question. It is charged here that it was endeavored to keep this con¬ 
tract a secret. How is that ? 

Answer. There was no such effort on myi)art, but bidders are usually 
desirous of keeping their bids from being generally known. 

(^)uestion. Do you know what particiiiation Howard and others had 
in the negotiation ? 

Answer. Tliey were consulting with me and were desirous of pro¬ 
curing a sale if it could be done so as to have a fund tor the civilization 


96 

of the Indians. These gentlemen belonged to the American Missionary 
Association. 

Question. Do you know anything as to the alleged effort to keep se¬ 
cret this Simmons matter? 

Answer. No. Mr. Simmons may have had reasons why he did not 
want other competitors—lumbermen—to know his operations. 

By Mr. Commissioner Smith : 

Question. It is very general for these people to be shy of letting other 
lumbermen come into their secrets of this kind ? 

Answer. Yes; because it is the practice to endeavor to break up such 
arrangements by telegraph by making a higher bid. 

By Commissioner Jones : 

Question. I wish you would state your recollection as to the con¬ 
versation with F. P. Clarke when you received his bid for the Oak Point 
pine as to the timber on the balance of the reservation ? 

Answer. Clarke was very anxious that his bid should cover the pine 
at Winnebagoshish Lake on the Mississippi Biver above the country cov¬ 
ered by my advertisement for proposals, and belonging to the Winneba- 
goshisli Chippewas, and not to the White Oak Point Cliippewas. He 
spoke to me several times about it both when he put in his bid and after 
the contract was drawn, and afterward, desiring that the pine lying 
along the river and above the country covered by his contract should 
be included in it. I told him that it could not be done, because the 
Winnebagoshish Indians had not given their consent to the sale of the 
pine, and at that time I had no instructions from Washington to sell 
X)ine, except with the consent of the Indians, and there was no intima¬ 
tion that the pine of the Leech Lake reservation, as a whole, was to be 
included in that contract, or that he (Clarke) desired to have it in¬ 
cluded. 

Question. What is this pine at Winnebagoshish that you. understood 
Clarke wished to include in his contract like, compared with the other 
pine ? 

Answer. It is the best pine, probably, on the Leech Lake reserva¬ 
tion, and because it can be readily taken to the Mississippi River—al¬ 
most as readily as that at White Oak Point. 

Question. Have you any means of knowing of what quality it is as 
compared with the balance of the Leech Lake reservation pine, not in¬ 
cluding Oak Point? 

Answer. No; I have no exact information; I only know the impres¬ 
sion that I had at that time. I got the impression from him that it 
would yield some twenty-live or thirty millions of feet. 

Question. Where does this lie with reference to the lake ? 

Answer. Almost directly north of Leech Lake, and this portion that 
Mr. Clarke desired to include in his contract is near navigable streams. 
The Mississippi runs through Lake Winnebagoshish. 

By Commissioner Smith ; 

Question. Mr. Clarke, in his testimony, speaks of certain pine-land 
that he went over. What proportion of pine could he have examined, 
from his description, conqiared with the whole ? 

Answer. Not one-twentieth part, I think, from the examination which 
he said he made; and that would be this pine which he wanted to cut 
in the Winnebagoshish tract. 

Question. Have you any knowledge of papers belonging to the De¬ 
partment being removed? 


97 


Answer. I have no knowledge of any papers being removed from the 
files ill iny office, and don’t believe there have been any. The papers as 
to this contract were never on the file at all, nor the contract, nor the 
correspondence connected with it. 

Question. Have yon, to the best of your judgment, furnished copies 
of all papers relating to these charges ? 

Answer. I have. 

By Commissioner Jones : 

Question. Have you any knowledge, information, or belief that any¬ 
body had any interest or expected to have any interest in this Simmons 
contract in any way connected with the Department of the Interior or 
with the Indian Bureau ? 

Answer. I have not. On the contrary, I don’t suppose that there is 
a member of the Department who knows anything about or even heard 
of it. 

Question. Hav'e yon any knowledge of anybody having any interest 
in it except Simmons ? 

Answer. No. 


AFTERNOON SESSION. 

Saturday, December 13, 1S73. 

E. P. Smith (the respondent) was here recalled and cross-examined 
by Judge Palmer as follows: 

Question. Did I understand that in your conversation with F. P. 
Clarke, he proposed to include in his contract the Winnebagoshish pine \ 

Answer. I don’t know that he actually proposed to include it. He 
asked if it could be included. 

Question. Did you understand that he expressed a desire to include it! 

Answer. Yes, if it could be done. 

Question. And without publication ? 

Answer. Yes. He said his impression was that the contract would 
include the pine on the lower portion of Winnebagoshish Lake. I told 
him that that belonged to a different set of Indians. 

Question. How long was it after your interview with Simmons you 
were appointed Commissioner ? 

Answer. Three or four days. 

Question. How soon did you assume your duties t 

Answer. In about two weeks. 

Question. How soon after that did Simmons present his contract ? 

Answer. I am not certain. I think within ten days or two weeks. 

Question. Had you an interview with him during the time you were 
in Washington ? 

Answer. I have seen him twice in Washington and once in New York. 
I saw him in New York in May, and in Washington in September or 
October. 

Question. Had you more than one interview*with him'after he de¬ 
clined the contract and took it away f 

Answer. No. I am not sure wdiether General Howard did not present 
the contract. I have a very indistinct recollection of how that contract 
came before me. General Howard is secretary of the American .Mis¬ 
sionary Association. 

(Question. What supervision does the American Missionary Associa¬ 
tion exercise over the Indians ? 

7 s 



98 


Answer. All Indian agencies are assigned to some religious body or 
society, by direction of the President. That is called the “ President’s 
policy.” These societies nominated the agents, and through them fur¬ 
nished the Indians with implements, L c., procured implements for them, 
and also furnished them with schools, and in some places, mission¬ 
aries; and the Government, under this policy, holds these societies 
responsible for the character and actions of the officers of the societies 
in the agencies and for the character of the appointees under the 
agents. 

Question. Does the American Missionary Association have any con¬ 
trol of the funds realized from the sale of the june ? 

Answer. That fund would naturally be expended under the direction 
of the agent, w ho would be, more or less, under the direction of that 
religious body. He would be influenced by their sugestions. General 
Howard is the secretary—district secretary—of the association, and 
had, by his position, the supervision of all relating to the work of the 
association in the western country. He had himself been up at Supe- 
1 ior, and also visited the agencies in Minnesota, as an officer of the as¬ 
sociation. 

Question. The charge refers to the sale of pine land. How as to 
that ? 

Answ^er. There was no attempt to sell pine land and no payment was 
received for it. 

Question. I \tish you would explain a little more fully the idea of the 
Wisconsin gentlemen, with reference to the pine, as to why it should be 
sold like other Government land. 

Answer. They claim that citizens could not get ])iue at private sale 
on such advantageous terms as at public sale; and that Indian pine 
was, to a certain extent, Government property. That is what they 
claim. 

Question. Their opposition was with the view of reducing the price 
to be received f 

Answer. The result would be to decrease it. Government is not able 
to sell pine for more than $l per acre ; from that to $1.50. Pine has 
been sold near Leech Lake for $1.25 per acre. 

Question. Who was it that recommended the appointment of Agent 
Clark, the Wisconsin agent'? 

Answer. He was recommended by the secretary of the American Mis¬ 
sionary Association at Chicago, Mr. Howard, acting for the American 
Missionary Association, and he was directly recommended to the Sec¬ 
retary of the Interior by Eev. Mr. Whipple,\secretary of the American 
Missionary Association at New York. That association represents the 
congregational body. 

(A question was here put by counsel, having reference to the reasons 
for the dismissal or suspension of Agent Clark; but it was ruled out 
by the court.) 

Question. About how much pine was there at Court d’Orielles ? 

Answer. I have had diflerent estimates. Mr. Laird, when first con¬ 
versing about it, said that he was satisfied there were 100,000,000 feet, 
and that, estimating it on that basis, he could afford to offer $100,000 
for it. It is on the Chippewa Kiver, north of Eau Claire, and its market 
would be at Winona. 

Question. How does that pine compare as to accessibility to market 
with the Leech Lake pine 

Answer. I am not familiar enough with that country to say, but I 


99 

suppose it would be easier, so far as distance goes; but there might be 
difficulty in driving. 

Question. Had there been any conversation between you and Com¬ 
missioner Walker to the effect that Wilder should be offered the whole 
of this pine ? 

Answer. Ko. 

Question. Had there been any discussion on that subject ? 

Answer. No. The only allusion to it was my statement that the Pil¬ 
lagers at Leech Lake needed help from Congress, notwithstanding the 
proposed sale of the pine on the river Mississippi, because that sale was 
not for their benefit. 

Question. You were asked something with reference to the cancella¬ 
tion of the Clark contract. Did you cancel it, or send a telegram to 
cause its cancellation, because you knew that a higher bid had been 
made ? 

Answer. No; when I sent that telegram I did not consider it final. 
1 said in the telegram, “ This seems to nullify the sale.” The telegram 
as given here is defective, I think. I did not consider it as impossible 
for Clark to persuade these Indians that it would be for their advan¬ 
tage to sell their pine to him ; and except for the instructions from Wash¬ 
ington advising me that Wilder had offered $1.C0, I should have so in¬ 
formed him. 

Question. Did you inform Welsh of what you have now said ! 

Answer. I had many conversations with him on this point, and tried 
to give him exactly what I have said here. I went into the matter 
somewhat minutely as to the Clark telegram, and as to my finding my 
mail at Brainard after I had sent the telegram ; and that, up to that 
time, I had never seen Wilder, nor had even heard of him. This was in 
my office at Washington. 

By Commissioner Jones : 

Question. You have said that pine land is not usually sold at Govern¬ 
ment sales for more than $1.25 to $2.50 per acre. 

Answer. Yes, the combination among the bidders prevent higher 
rates. The land is worth more than that. 

Question. What is considered the average yield of pine of a fair 
quality f 

Answer. 1 have always understood that about 5,000 feet per acre was 
good, running up to 15,000 feet per acre. 

The respondent, E. P. Smith, here addressed the court as follows : 

I desire to say to the court that the editor of the Saint Paul Dispatch has accused me of 
mal-administration, and still does so, and, therefore, before this court concludes its investi¬ 
gation, it would be my desire that the editor should be summoned, so as to give him an 
opportunity of repeating his accusations on oath, and so as to aflford me the opportunity of 
answering th e 

Mr. Commissioner Smith, on behalf of the court, replied as follows: 

We do not think w'e can properly be called upon, nor are we required upon our own mo¬ 
tion, to issue a subpoena for Mr. Hall. He appears, as a prosecutor, by counsel, and has, 
since the commission met, formally withdrawn ; and, through his attorney, has advised us 
that he does not recoernize our authority to compel the attendance of witnesses. His posi¬ 
tion is different from that of Mr. Henry M. Rice, and the issuance of a subpmna for Mr. Rice 
is not a precedent for the present request. Mr. Rice was one of the witnesses named by Mr. 
Welsh, the prosecutor, and had not, previous to the issuance of the subpoena, notified us of 
Ins refusal to attend. While this commission may not possess the full powers of a con¬ 
gressional committee, the results of its deliberations and findings are quite as important to 
the accused. If our investigation and report should sustain the charges, or any of them, 
the official decapitation of Mr. Smith would be as effectually brought about as would a like 
finding by a committee possessed of more plenary powers. This the gentlemen prosecuting 


and procurinj^ the institution of these proceedings understand. If Mr. Hall, or any one 
else in possession of documents material to this investigation, so important to the public, 
and of such serious consequence to the accused, sees proper to take the responsibility of 
suppressing such testimony, upon the quibble of a want of power on the part of the com¬ 
mission to compel his attendance, it appears to us that he overestimates his own import¬ 
ance, and does not properly appreciate the intelligence of the people. 

Mr. Hall has, however, given us and the public copies of documents long since furnished 
us by the Interior Department, and no one pretends that he has any personal knowledge of 
any fact that we are authorized to investigate. 

We decline, theretore, to issue the desired subpoena. If the accused desires the attend¬ 
ance of Mr. Hall, and supposes his testimony material to the defense against the charges 
already made, we think a subpoena should be issued, but not otherwise. 

Judge Palmer, counsel fortlierespoudent, requested that it be made 
a matter of record that tbe accused had preferred the request that Mr. 
Hall should be summoned. 

The court adjourned till 2 o'clock on Monday, 15th instant. 


Wednesday, December 17, 1873. 

At the commencement of the session this morning, at 10 o’clock, sev¬ 
eral witnesses, Indians, accompanied by their agent, Kev. Mr. Douglas, 
and their interpreter, Mr. T. A. Warren, made their appearance in re¬ 
sponse to the summons of the commissioners, together with the native 
missionary, Kev. Emmegabo, (baptismal name, John Johnson.) 

Commissioner Jones having expressed the desire that the Kev. John 
Johnson should be first called as a witness, the latter desired to 
know for what purpose he was to be sworn. The commissioner an¬ 
swered through the interpreter as follows : “ Tell him we wish to know 
if he knows anything about the matter which we are assembled to 
investigate, and that we will answer him, through you, any questions he 
may desire to ask.’^ 

The interpreter here informed the court that several of the Indians 
present objected to Kev. John Johnson being first examined. 

Commissioner Jones. It makes no difterence to us. If they desire to 
have one of the others examined first let it be so. 

The interpreter was sworn at this point. 

Interpreter, (to the commissioners.) It seems the chiefs don’t 
want Mr. Johnson to be examined unless they know what he is to tes¬ 
tify about. 

Commissioner Jones. State to these gentlemen that our object in ex¬ 
amining Mr. Johnson first was on account of his speaking English j and 
we rather expected that he was to be the interpreter. 

(The chiefs here held a consultation among themselves, lasting some 
minutes.) 

Commissioner Jones. State to these gentlemen that this is not a 
meeting for consultation or council; that it is like a court of justice, 
and is for the purpose of examining into certain charges which have 
been made against Mr. Smith, their former agent, with respect to the 
sale of their i>ine. 

(The interpreter, having explained to the chiefs the.se observations of 
the commissioner, said that it was the wish of the chiefs that some one 
else should be examined first.) 

Commissioner Jones. I understood that they objected to Mr. John¬ 
son being sworn. How is that ? 

Interpreter. The Indian on your right there says that he would like 
to say a few words. He says that Mr. Johnson is their missionary and 



101 


teacher, and they do not know what to make of it. He might, perhaps, 
be arrested for what he would say. They think he is a man who would 
tell everything that he knows, and he wants you to think he is a man 
whom you can trust. He says : “ You have sent for us, and we depend 
upon you. We want you to do us justice. I have always thought I 
would like to understand law and things, and that is the reason you see 
me now. When you ask me questions, I am not able to answer immedi¬ 
ately. I want to see that I am right before I answer. Now, I want to 
ask you a question. Y"ou have sent for us to come, and we have come 
a great way, and we see that it is a great expense to bring us down, and 
it looks as if there was something in it. Have you got the power to 
send for us, and do with us as you want to now, according to law ? 

By Commissioner Jones. Say that we sent a dispatch to Mr. Johnson, 
asking him to bring down a few good men, if there were any there, who 
had information concerning the matter we are investigating against Mr. 
Smith. We made a request to Mr. Johnson to come, and bring four or 
live men who had information that was material, and told him that the 
Government would i)ay their expenses. 

Commissioner Smith. “ Certain things have been said against your 
former agent, Mr. E. B. Smith, and the Great Father at Washington 
has directed us to see whether these things are true; and so we have 
sent for you.” 

One of the Indians here said: ‘‘We prefer that the questions you 
want to ask should be asked of us. Mr. Johnson’s business is ditferent 
from ours.” 

Commissioner Jones. We will examine another Indian first. 

(Mr. Johnson retires for the present from the witness stand.) 

An Indian having here presented himself for examination, Commis¬ 
sioner Jones asked, through the interpreter, whether he understood the 
nature of an oath. 

Interpreter. He says that an Indian does not know what an oath 
means. 

Commissioner Jones. Explain to him what it means. (This was done 
by the interpreter.) Now tell him to stand up and hold up his right 
hand. 

(Here the oath was administered by Mr. Wdliam Wilson, notary 
public.) 

Interpreter. I cannot interpret the word swear. 

Commissioner Jones. PAplain to him fully the nature of your affirma¬ 
tion, and his responsibility—that he promises before God to testify the 
truth and the whole truth. The explanation having been given, and 
the Indian having signified that he understood it, the commissioner di¬ 
rected that he be affirmed accordingly. 

I\rESiiAKAGESiiiGr, having been duly sworn, testified as follows: 

By Commissioner Jones: 

Question. Ask him his name and age. 

Answer. His name is Meshahegeshig. His age he does not know 
anything about. 

Question. Where does he live. 

Answer. At White Earth now. 

Question. Do you belong to the Chippewas ? 

Answer. I think so. 

Question. Are you a chief! 

Answer. Yes. 


102 


Question. How long have you lived at White Earth ? 

Answer. Five years. 

Question. Where did you come from ? 

Answer. From the Mississippi, at Kabbit Lake. 

Question. Were there any improvements at White Earth when you 
came there 

Answer. There was some land broken, and a few houses erected j 
don’t know how manyj I went through the village, but could not say, 
may be ten houses. 

Question. Do you know Agent Smith ? 

Answer. I may have seen a man of that name. 

Question. I mean the agent that was there before Major Douglas? 

Answer. Yes; I did know him. 

Question. There was a contract made for the sale of the pine on 
Leech Lake reservation while Mr. Smith w^as agent; do you know^ any¬ 
thing about it? 

Answer. No. 

Question. It is charged that Mr. Smith had something to do with 
stopping the sale of pine in Wisconsin belonging to the Chippewas 
do you know anything of that ? 

Answer. I heard something about it. Somebody read to me some¬ 
thing from the papers ; that is all 1 know. 

Question. Have you any knowledge of Mr. Smith having done anj’- 
thing wrong in connection with either of those things; and, if so, what? 

Answer. All I know about it was what I heard from Leech Lake In¬ 
dians. We heard that they were dissatisfied about their pine; but I 
don’t know anything about the operation; but, from what I heard, I 
thought there might be something wrong about it. 

Question. Whom did you hear talk about it ? 

Answer. A chief from Leech Lake came froin there to White Earth,, 
Nebinuddick by name, and it w^as from him I heard directly. 

By Commissioner Smith ; 

Question. Did you hear white people talk about it ? 

Answer. If they talked English I would not understand them, or 
what they were talking about. 

Question. But they might talk in Chippewa ? 

(Question not answered.) 

By Commissioner Jones : 

Question. Have you been round Leech Lake? Are you acquainted 
with the country there? 

Answer. All I know about it is that I have been there, at the agency, 
and I saw the lake. 

Question. Do you suppose it was for the interests of the Indians in¬ 
terested to make a sale of the pine in that reservation ? Have you the 
means of knowing whether it would be to their interest ? 

Answer. Knowing my fellow-Iudians, maybe I might say what they 
think about it. They think that if a certain amount of money was paid 
on the sale for that pine we would never get the money into our hands. 

Question. Suppose there was a sale made so that fc0,000 would be 
realized each year and applied to their benefit every year, to advance 
them in civilization and improvement; would that benefit the Indians? 

Answer. I don’t'think the Indians would get the whole benefit of it. 

Question. Suppose they did get the whole benefit, would that be au 
advantage ? 

Answer. No, sir; there is not enough to do any good. 


103 


By Commissiouer Smith, (to interpreter :) 

Question. Does be know bow much $20,000 a year would be for ten 
years ? 

Interpreter. Yes, be knows, because they count money by boxes j 
$1,000 in each box. lie knows tbe number of boxes. 

Question. Ask bim if be does not tbink that 200 boxes of $1,000 in 
each box would benefit them. 

(Tbe question was not answered in words, tbougb it probably was by 
signs.) 

Question. If tbe White Eartb Indians were to get $5,000 a year for 
schools, teams, and improvements, would not that* be of some use ? 

Answer. Don’t know bow they could get benefit from it. Cannot 
answer that question. 

Question. Suppose tbe Indians round Leech Lake were without any 
teams, any farm implements; suj^pose tbe game was gone, and there 
were no berries, would not tbe sale of tbe timber help them ? 

Answer. It is a question that I cannot answer, because I have not 
been at Leech Lake for some time, and don’t know exactly in what sit¬ 
uation they are. I cannot answer. 

Question. If you at White Earth got $10,000 a year—the regular 
annuity money is $0,000 a year ; that is, six boxes, besides money for 
schools—would it not do you good if you bad five boxes more every 
year, almost as much more ? 

Witness, (to Commissioner Smith.) I want to ask you a question. Do 
you tbink we could get that $5,000 a year over and above tbe annjrtity 
money ? 

Commissioner Smith. Suppose you did get it, would it do you good? 

Answer. I don’t tbink we should get any benefit from it, because we 
should have to spend all this money to get along. They get things on 
credit, and when I get money I have to pay it right out. 

Question. Where do your teams and plows come from ? 

Answer. You would have to ask somebody else. So far as I am con¬ 
cerned, I got a wagon from Bisboj) Whipple, and I have a plow. When 
I first moved there I received that plow from the agent—the agent at 
that time. 

Question. Where do you get your clothes from ? 

Answer. The overcoat 1 have on was from part of the annuity; the 
other coat under it was given to me by Mr. Johnson. 

Question. Would it not be a benefit to you to get money besides 
annuity mone}’, to buy clothes and plows? 

Answer. Yes, if I could see any way to do that and not depend upon 
the annuity money, I should like it. 

Question. Have you any use for the pine timber yourselves ? 

Answer. I don’t see how we have. 

Question. Have you any idea what it would take to make a thousand 
feet of lumber ? liow many trees ? 

Answer. Yes ; I know enough about it to know that. I have been 
after lumber and have hauled it, and know how much 500 feet or 1,000 
teet is. 

Question. Could you give us any idea of the size of the trees that 
would make 500 or 1,000 feet ? 

Answer. Not precisely. 

Cross-examined by E. P. Smith : 

Question. How many Pillagers have you seen this semmer from Leecli 
Lake ? 


104 


Answer. The only two I saw was when you were there at White 
Earth, and another who came there this fall. 

Question. You say you received a plow when you first came to the 
reservation ; have you had anything since 

Answer. If I had been asked the question in such a way before, I 
would have told what I received from somebody else. 1 was asked 
w^hat I received when I got there, and 1 told that. I got a pony or 
horse ; I got a yoke of oxen, but that yoke of oxen, I understood, was 
given to me because I removed myself at my own expense to that re¬ 
servation, and I don’t think I derived any benefit except from my own 
work. 

Question. Don’t you think oxen cost anything ? 

Answer. Of course j I think that they cost money. My idea is that 
they were due to me from the Government for my removal, and some¬ 
body asked me if I would like a yoke of oxen, and 1 thought they were 
given me for nothing. 

Question. Did you have more than one yoke of oxen ? 

Answer. All I had was one yoke of oxen, but I got a couple of heifers 
through a trade that I made. 

Question. Did you not have two yoke of oxen and a wagon ? 

Answer. I have a wagon. 

Question. Have you a house 1 

Answer. YYs. 

Question. Any plowed ground ? 

Answer. Yesj I have some land under plow that was broke two 
years ago. 

Question. Did not you have a yoke of cattle when you first went there, 
and one since ? 

Answer. Yes j you gave me a yoke; but I was thinking of what I 
had before. 


Minegeshick, having been duly sworn, testified as follows; 

By Commissioner Jones : 

Question. Where do you live? 

Answer. At White Earth. 

Question. When did you go there ? 

Answer. This winter will be the sixth winter. 

Question. Are you acquainted with Major Smith ? 

Answer. Yes. 

Question. Do you know anything about these charges against him ? 
Answer. I have heard a great many stories about it. 

Question. Are you acquainted with the country about Leech Lake ? 
Answer. I have never been there. 

Question. Have you ever heard about the contract for the sale of the 
pine timber there to Mr. Wilder? 

Answer. Y^es, I have heard something about it; nothing very par¬ 
ticular, but I know that was the talk. 

Question. Do you know what the contract was ? 

Answer. Never heard what the contract was, only that thero had 
been a contract. 

Question. Do you know of anything wrong that Agent Smith did: 
and, if so, what ? 



105 


Answer. If I bad seen bim do anything in that way I would be able 
to say wbat; but not knowing, cannot say. 

Question. Are you a chief? 

Answer. Yes. 

Question. In your opinion would it be a good thing to sell the i)iue in 
the Leech Lake country if $20,000 a year could be had until the piue 
was all taken oft’ ? 

Answer. 1 cannot say, only in this way : It is a good deal of money, 
and if properly expended, and they appreciated it, it might do the In¬ 
dians good, but to say that it would do them good I cannot. 

Question. Had the people at Leech Lake any farm lands or means of 
support there ? 

Answer. I have never been there, and cannot say. 

Question. I understand that about one-fourth of this pine money would 
come to the Indians at White Earth. Would it be a benefit to them to 
get that much each year to help in farming and improvements ? 

Answer. Money is good for the Indians if they know how to appre¬ 
ciate it; if they work and earn money by the help of that money it 
would do them good, but any other way it would not do them good. 

Question. Do you think that money has been expended at White 
Earth so as to do good to the Indians? 

Answer. I reason that a great many Indians there areju a good state 
now; they have worked with the assistance of the money that has been 
placed there for their benefit. 

Question. How many houses were there at White Earth three years 
ago ? • 

Answer. Thirteen. 

Question. How many are there now ? 

Answer. A great many; could not say ; could not guess. 

Question. How much land was broken up three years ago ? 

Answer. There was a piece of ground where I lived that was called 

Mille Lac Indian land,” of eight acres, and another field; don’t know 
how many acres there. 

Question. How much is there now ? 

Answer. I cannot tell; 1 know I have ten acres broken myself. 

(Question. How much liad you three years ago broken uj) ? 

Answer. One acre. 

Question. What have you besides the land now? 

Answer. I have a house, a yoke of oxen, a wagon, a pony, and 
about 200 bushels of wheat. 

Commissioner Smith: We only want to find out if you are in a good 
condition; not for the sake of finding out what you possess for any other 
reason. 

Witness. I understand. 

Question. Do you believe the plan of paying Indians for working is 
a good one? 

Ausw^er. The way I feel about is this : I know that those who are placed 
there to assist those who are willing to work do right, and that to any 
man who will work it will be good; I think it is good; every one who 
will w^ork will say so; but some will not work, and will find fault with it. 

Question. How much land have you broken this year ? 

Answer. 1 did not break any new land this year. 

Question. How were the crops this year ? 

Answer. Good. 

Question. What is the general condition of the people at White 
Earth. 


106 


Answer. The main thing that all of them want is plenty to eat, and 
I think we have plenty. They are well off, as far as that is concerned, 
because they had good crops j and all the trouble they had this fall 
was sickness. 

Question. Are they as well oft as they ever have been ? 

Answer. Cannot answer for all: So far as I am concerned I have 
always been poor, and part of the time I had not enough to eat, but 
now I have plenty. 

Question. What was the reason that you used to be poor ? 

Answer. The reason w^as that I did not know enough to leave off the 
old habits of my ancestors, and w^hen I found out that I could do better 
by leaving them off, I was better off—I mean by the old habits, hunting 
and fishing. The first who got me to take to working was Mr. Bard- 
well, who came there as agent, and who gave me good advice. 

Question. When was that? 

Answer. Four years ago. 

Cross-examined by E. P. Smith, (the respondent:) 

Question. You remember when tlie Gull Lake Indians came on a 
visit? 

Answer. Y>s. 

Question. How much money used they to get there each year ? 

Answer. Ten dollars. 

Question. Did that $10 do as much good as it does now ? 

Answer. It did them good if they knew how to spend it. 

Question. Suppose they had twice as much as that and had stayed 
there, how would it compare wdth their condition at White Earth ? 

Answer. I don’t think it would be worth anything; that $20 w’ould 
not be sufficient there or to get what I now have. 


Mocudjewence, having been duly sworn, testified as follows : 

Question. Where do you reside ? 

Answer. At White Earth. 

Question. How long have you lived there ? 

Answer. For six winters, this winter. 

Question. Where did you come from ? 

Answer. Gull Lake. 

Question. Are you acquainted with the people at Gull Lake ? 

Answer. I know a few of them. 

Question. How were the Indians living there when you left ? 

Answer. Different from our present mode of living. 

Question. How is that ? 

Answer. There were some that cultivated little patches of ground ; 
some that did not. 

Question. What had you when you came to White Earth ? 

Answer. Before leaving I had made up my mind that I would like to 
live differently from others, and I had things of my own ; and when I 
left Gulf Lake I had three young cattle and some tools that I had col¬ 
lected to build a house with when I went up there. 

Question. AYhat have you now ? 

Answer. I think that now I have a little of everything that I want, 
and I am sure that I can get along. 

Question. How much land have you there ? . 

Answer. I don’t know exactly as to acres, but I think I have some¬ 
where about 8 acres. 

Question. Have you teams and wagor.s ? 



107 


Answer. 1 have cattle and a wagon ; asled, orsoinething of that kind^ 
for different seasons, one for summer and one for winter. 

Question. How many cattle have you ? 

Answer. Seven bead altogether. 

(Question. How much grain ? 

Answer. Forty bushels of wheat. 

Question. How many potatoes ? 

Answer. Did not measure them; I think I know that I hauled three 
wagon-loads. 

Question. Would it be an advantage to the Indians at Leech Lake if 
their i)ine were sold, and the money obtained were applied to the pur¬ 
chase of implements and teams, and for supporting schools and making 
general improvements? 

Answer. Yes; that is, if they were told beforehand what was to be 
done, so as that they could understand and see what was going on, and 
if they made up their minds to accept it. 

Question. Were you present when Agent Smith mentioned at the 
council last summer what the contract with Wilder was ? 

Answer. Yes, I was there, but could not repeat what was said. 

Question. Do you know of anything wrong that Mr. Smith did with 
reference to that contract; and if so, what ? 

Answer. The only thing I thought wrong was, as the others have 
said, that they should have been told and asked their opinion about it, 
and if their consent had been obtained they would have felt better 
about it, but I do not claim that Indians know enough to make a bar¬ 
gain of that kind; still, miserable as they are, they would like to know 
what the bargain was before the sale was made. 

Question. Would there be any difficulty in getting all these Indians 
to agree as to the share which each man should have ? 

Answer. No, they could never agree. 


Waii-bon aii-quot, having been duly sworn, testitied as follows : 

By Commissioner Jones : 

Question. What is your name ? 

• Answer. Wah-hun-ah quot. 

Question. Where do you live ? 

Answer. I used to live at Gull Lake, in a very miserable, poor state; 
but my father raised my hands to put me at White Earth, and now I am 
better off. That will be six years ago this spring. 

Question. What have you to say as to the general condition of the 
people at White Earth now ? 

Answer. All those who planted and made gardens are well off, but 
those who did not do so are not well off. 

Question. Do you know anything of the contract to sell the pine at 
Leech Lake to Wilder ? 

Answer, Yes. 

Question. How do you know ; by hearsay ? 

Answer. I think I got what I know from good authority, (here witness 
pointed to res])ondent.) I got it from Agent Smith. 

Question. Have you the means of knowing whether that contract 
was beneficial to the Indians? 

Answer. If the work should go on, and the contract be carried out, I 
<lon't think it would be beneficial to them, they not knowing what it is 
for. They would not know how to make use of the benefit; and, not 
knowing, I thipk it would be an injury to the Pillagers. 



108 


Question. If the White Earth men are to receive one-fifth of the pro¬ 
ceeds of the sale, how would that affect them ! 

Ansvv'er. I won’t answ^er that question just now; I want to state 
something more about the Pillagers. I meant to convey this idea: 
They have a share in the reservation with other Indians; and the reason 
why I don’t think they would derive benefit was because they would 
have to have an understanding with all the bands that this sale was 
for their benefit; because there may be some who would not under¬ 
stand that the White Earth Indians had any interest in it; but the 
Leech Lake Indians have a certain interest of their own ; and if there 
was a bargain made by which they would benefit, it would do them 
good ; I mean the Pillager Indians. As to the one-fifth, I know what 
five boxes are; that is, $5,000. It looks like a big sum, but come to 
divide it it could not do much good; it is too small. 

Question. Suppose the amount was spent, as they have already spent 
money at White Earth, in procuring farm implements, and in making 
improvements, and in supporting schools; suppose they had twenty 
wagons more; if the $5,000 were spent in that way, how would it be ? 

Answer. Yes; anything of that kind that they could see for them¬ 
selves would be for their benefit. 

Question. Do you know how the Pillager Indians supported them¬ 
selves two years ago % 

Answer. Yes; coming down on the railroad (Northern Pacific) I saw 
wigwams; that used to be the way they lived formerly. 

Question. How as to the game now ; is it becoming scarce 1? 

Answer. Yes. 

Question. In your judgment is it their interest to obtain money so as 
to furnish teams, build houses, and make improvements, as has been 
done at White Earth 

Answer. That is just the question I wanted you to ask, and I will 
tell you all about it: They will say I have always spoken to them in 
this way, not only for our people at White Earth, but for all Indians 
around us. They have not taken hold of work as we have, and I have 
always called upon them to assist the Indians around us; that is, the 
Pillagers and others, and they know how I feel about it. I have made 
up my mind that we got much benefit from the teachers, schools, and 
churches, and that had more influence with us than anything else; 
and, I think, if you could put the same things among other Indians, 
they would take what we are taking. 

Question. Suppose this pine timber could be sold at a fair price, and 
that the money was equally divided among all those tribes according to 
their just rights, and expended for teams, for schools, and for making 
improvements generally, do you believe it would be a good thing to 
make the sale 

Answer. Yes, that strikes my idea exactly. I think, I know, it would 
be a great benefit to the Indians if the pine were sold and the money w ere 
expended in that way. At the same time it would make them feel bet¬ 
ter if they knew what it was sold for, and they were asked to make the 
bargain, and had some say in it. 

Question. Do you know anything that Agent Smith did about that sale 
that was wrong; and if so, what 

Answer. I was satisfied with the trade as I heard of it. The only 
thing I felt a little was because I was not asked to consent. That is all. 

Question. We understand that this matter was ordered by the Gov¬ 
ernment at Washington. When did Mr. Smith tell you about the sale? 

Answer. A year ago this last fall. 


109 


Question. AVliere? 

Answer. At White Earth. 

(Question. Was it told to your people generally, or to you alone? 

Answer. It was in council. 

Question. Was there any objection made to it at that time by any¬ 
body ? 

Answer. The objection was made by me in this way: I was not satis¬ 
fied that we had not been consulted. 

Cross-examined by E. P. Smith : 

Question. Do you remember my talking with the Indians about the 
sale last summer, when I came from Washington ? 

Answer. Yes. 

Question. You remember what I told you about the pine at White 
Earth ? 

Answer. I could never forget what you said then, I w^as so pleased 
with the advice that you gave us, and at your saying that, so long as 
you were in the position that you are now in, you w ould not allow them 
to sell the pine belcngiug to us. 

Question. Do you remember my explaining to the Leech Lake delega¬ 
tion about the sale of their pine ? 

A. Yes. 

Question. Do you remember w^hat the Leech Lake Indians said ? 

Answer. Yes; I think I remember a portion of it. In the first place, 
when you had the talk with them, they asked you who it was that made 
this sale of this pine. Of course I cannot remember everything that 
was said, but I can give you the idea. You told them that it was the 
wish of their Great Father to furnish money to assist them in living a 
♦- diflerent life. 

Question. Do you remember what they said in reply I 

Answer. The first reply was in a kind of joking way, (here the witness 
laughed,) that is wiiat makes me laugh. The reply was, “ You must 
take us for children, surely.’^ 

Question. Before we got through talking did they say what they 
thought about it ? 

Answer. I did not see them after the council. I went home. 

Question. You have seen a good deal of Indian life; how much money 
would it take to give them, cash in hand, to make farmers out of the 
Pillager Indians ? 

Answer. I could not tell how much money it would take ; but still I 
know that there are those there w ho, if they saw they were being as¬ 
sisted, and that money w^as given them tor the purpose of their im¬ 
provement, would work and make themselves independent. I think 
that, as at White Earth, there are some who think you want to better 
their condition, and that if they had assistance from the Government 
by having a yoke of oxen and tools for farming purposes given them 
you would see a great dillereuce in them in a short time. (To the com¬ 
missioners:) You called me up here on the stand and I took my solemn 
aflirmation and called on God to listen that I told the truth, and what I 
have now said is the truth. 

Commissioner Jones. We have no doubt of that. 


Bay-kin-a-wasii, having been duly sworn, testified as follows: 

By Commissioner Jones : 

Question. Where do you live ? 



no 


ADSwer. At White Eartb. 

Question. How long have you lived there ? 

Answer. This is the second winter. 

Question. Where did you come from ? 

Answer. Gull Lake. 

Question. Did your band come from there with you ! 

Answer. A fewj part of the band; others remain; forty five came 
with me, counting my own family. 

Question. Have you heard of this sale of the Leech Lake pine ? 

Answer. I have heard at different times about it—a little at a time. 

Question. What is your opinion as to its being advantageous to the 
Indians to sell that pine at a fair price, so that they could have the 
money to spend in making improvements—in procuring the means of 
civilization generally ? 

Answer. Yes; I think it would be a benefit to the Indians. I think 
in this way : If the money that was promised for their pine was used in 
a proper way for them, it would benefit them. 

Question. How is that ? 

Answer. I think the only benefit that they could derive from it would 
be in agriculture ; but at the same time it would be a good thing for 
these same Indians—Pillagers—to sit round as we are sitting now and 
talk about it, and have an understanding about it. 

Question. What is your opinion as to the manner in which money has 
been expended in buying cattle, building houses, providing schools, and 
breaking land ? 

Answer. That money is expended in a right way; but, as I said 
before, they want to feel satisfied as to the amount expended; they want 
to be talked to about these things, and to be shown that there is so much 
money expended, though, even then, some of them may find fault. 

Question. If the bands were to attempt to agree as to how the money 
was to be spent, don’t you think that the Government would be obliged, 
after all, to settle the matter ? 

Answer. I think that the Indians, if they were called together—the 
different bands—and talked to, and sat down as we are sitting, and 
everything laid before them, they have sense enough to know how to 
divide it. 

Question. The question as to how money is to be divided has not been 
settled by the Government, and it is probable that the Government 
will give the Indians the privilege you speak of—of agreeing among 
yourselves. Are you familiar with the condition of the Indians at 
Leech Lake, and what their means of livelihood are, and what the sup¬ 
ply of game is now ? 

Answer. Yes. 

Question. State what you know about that ? 

Answer. I only know that all they have to do is to walk round with 
a gun and try to kill something for their children. 

Question. Is the game abundant or diminishing? 

Answer. It is getting very scarce. 

Question. Do you know of any way of the Indians being supported 
unless that of the Government supporting them ? 

(Question not answered.) 

Question. Gonsidering the situation just as it was, was it the interest 
of the Indians to sell this pine so as to obtain the means of their liveli¬ 
hood ? 

Answer. Yes. They have means enough for their support. They 
have means in their pine. That is the last thing they have. All they 
want is justice in the way it is disposed of. 


Ill 


Question. Do you know what sort of a lake Leech Lake is! 

Answer. I went there but once and saw it, but did not go around it. 

By Commissioner Smith : 

Question. Do they raise any crops of wheat there ! 

Answer. I think not; not wheat; don’t know much about how they 
gjt along. I only went there once. 

Cross-examined by E. P. Smith, (respondent:) 

Question. What have you now at White Earth and had you when 
you came there ? 

Answer. I had nothing to feel proud of when I came; nothing to 
brag of. Now 1 have not a great deal, but I am proud of what I have. 
I have potatoes, 00 bushels. The only thing that makes me feel sad is 
that I lost some of them by being frozen. I had over 00 busliois. 

Question. How much land have you in fence? 

Answer. Very nearly five acres. You (interpreter) measured it for 
me list fall. That is in one patch. I hove another patch of about an 
acre and a half. I have besides w'hat I think is a house. I have a yoke 
of oxen and wagon that were given me, but they are almost dead. 1 
have to work them so hard to get along. 

Question. Have yon any children at school ? 

Answer. No, not now, but I had for a short time. The teacher 
moved and the school was now too far awmy. 


Isaac Manidowob, having been duly sworn, testified as follows: 

By Commissioner Jones : 

Question. Whete do you live? 

Atiswer. I used to live at Gull Lake. J now' live at White Earth. 

Question. Have you been baptized ? 

Answer. Yes; twenty years ago. 

Question. How long have you been at White Earth ? 

Answer. Six winters. 

Question. What do you think of the condition of the people at White 
Earth ; is it as good as it has been ? 

Answer. 1 think they are better ofl:’, and that they are getting better 
oft*; and so long as they have work to do they will keep on getting- 
bet ter. 

Question. What is their condition as compared w ith that of the In¬ 
dians at Leech Lake? 

Answ-er. Those at White Earth are better oft'; cannot see what they 
can brag of at Leecli Lake. 

Question. Have you been enough at Leech Lake to know- their con¬ 
dition? 

Answer. I was born and brought up there, and know all about them. 

Question. When were you there last ? 

Answer. Quite a while ago ; ten years ago. 

(Question. Do you know- how game is there now ? 

Answer. There is nothing there but fish. 

Question. Would it be an advantage to them to have the pine sold, 
so as to have money to buy implements and to have schools, farms, and 
improvements generally ? 

Answer. I think it would be; that is if the sale of the pine was made 
and what it was sold for given to them—that is, the whole amount. 



112 


Question. What would be the best way to expend the money I 

Answer. What I know about that is this: they would like to have 
the money in hand—their own hand; that is their wish. 

Question. How do you think would be the best way f 

Answer. It would do them more ^ood—that is, they Avould derive 
more benefit—if the articles to be made use of were bought for them. 

Question. How do they live there f 

Answer. I saw quite a number of them on the Northern Pacific Rail¬ 
road lands hunting. That is how they live. 

Question. Have they any houses ? 

Answer. I did not see any. 

Question. Hoav do they dress'? 

Answer. Just the same as I used to when I was wild. 

Question. Do the}’ wear the “ breechcloiit 

Answer. Yes; none were dressed as we are except now and then one. 

Question. Have you heard of this contract for the sale of the pine up 
there'? 

Answer. Yes. 

Question. Do you know of anything that Agent Smith did that was 
wrong about that contract; and, if so, what ? 

Answer. I heard about it. The only thing that I did not think was 
right was his making the trade without our consent, without asking us, 
I know how I would feel if anybody went and sold any of my private 
property, and I think you would feel the same way. 

Question. Were you there, last summer when Agent Smith stated 
what the contract was ? 

Answer. Yes. 

Question. Did he state what the contract was there ? 

Answer. Yes; I heard him. 

Question. Suppose the timber were sold for a fair price and the money 
divided among them all, according to what each is entitled tohaA^e,'and 
that it was appropriated for the purchase of implements for farming, 
and for cattle, schools, and improvements, do you believe it would be 
to their advantage to sell the timber, or not ? 

Answer. Yes ; it would be to their advantage. 

Cross examined by E. P. Smith, respondent: 

Question. Did you raise a crop last year ? 

Answer. I did not raise anything. The grasshoppers ate up every¬ 
thing. 

Question. Was that the case with most of the Indians ? 

Answer. Yes; they cleared everything out. 

Question. How was it the year before ? 

Answer. I raised good crops myself. Mine came all right. 

Question. How was it with the others ? 

Answer. I think they raised good crops. 

Question. How did the people live without crops last year ? 

Answer. Everybody had to shift for himself the best way he could. 
A great many got credit from the stores. 

Question. Have you seen any one at AVhite Earth making inquiries 
about the Indians and writing for the papers, lately ? 

Answer. Y^es ; I saw a man there. 

Question. Did he talk to you about it'? 

Answer. Y^'es; I had some conversation with him. 

Question. Have you seen any statements made by him ; have they 
been read to you ? 


113 


Answer. Yes. 

Question. Was what you said to him correctly reported in the papers? 
Answer. I cannot say exactly what 1 did say to him. I did not have 
a great deal to say to him. I told him to use his own eyes and make 
his rei)ort. lie did not come to my house. 


Agos, having been duly sworn, testified as follows : 

Question. What is your name ? 

Answer. Agos. 

Question. Where do you live ? 

Answer. I came from the same place ; White Earth. 

Question. How long have you lived there ? 

Answer. This winter is the third winter. 

Question. How are you getting along ? 

Answer. I live in a house, and went there through the advice of Mr. 
Smith, who had the house built for me. 

Question. What family have you? 

Answer. Eight children. 

Question. Ho any of them go to school ? 

Answer. No. 

Question. How much land have you broken ? 

Answer. I think about three acres. 

Question. Do youknow anything of the*Leech Lake country? 

Answer. Yes. 

Question. When were you there last'? 

Answer. Five years ago. 

Question. How do the people live there ? 

Answer. They set their nets ami catch fish and live on fish. 

Question. Would it be for the advantage of the Indians there to sell 
the pine for the purpose of building houses, buying teams, providing 
schools, purchasing farm implements, and making improvements, the 
same as at White Earth ? 

Answer. I think it would be a great benefit to them if they were 
treated fairly in the arrangement. At present they have nothing to de- - 
pend on. 

Question. AYhatdo you mean by “being treated fairly?” 

Answer. I mean by that, that whatever the pine brought, thej' should 
get the benefit of it, fully. 

Question. Do you believe it would be best to give them the money, or 
to purchase implements and provide other things for them ? 

Answer. I will say my own mind about that. It would be better if 
the money were expended for articles necessary, but the majority would 
rather have it the other way. There are a great many ways in which 
they can spend their money. They would not have the money a great 
while in their hands. 

Question. Are your children grown up ? 

Answer. Yes, most of them. 

(,»uestion. Have they families themselves ? 

Answer. I support four of them. The rest take care of themselves. 

(,>uestiou. How far do you live from the school ? 

Answer. About four miles. 

Question. Were you present at the council last summer when Agent 
Smith said what the Wilder contract was ? 

8 s 



114 


Answer. Yes. 

Question. Did you think that that contract would be for the benelit 
of the Indians, if the money was fairly divided among them, and if it 
was appropriated for the purposes to which it should be ? 

Answer. Yes ; as I said before, if the money was appropriated as it 
was promised it should be. 

Question. Do you know of anything wrong that Major Smith did with 
respect to that sale; and, if so, what? 

Answer. I am not man of business enough to say what he was to do; 
but I think it would be for the benefit of the Indians if carried out right; 
and the only fault I could find was the not being called upon or con¬ 
sulted before the bargain was made. 

Question. What is your judgment as to whether it would be difficult 
to get the Indians to agree among themselves as to the sale, and as to 
the division of the money, and as to whether the Government would not 
have to settle it at last ? 

Answer. There are a great many minds among the Indians, and I 
think it would be hard to get them to think one w^ay. I know a great 
many who would think favorably of anything of that kind ; but I also 
know a great many who would be against it. 

By Commissioner Smith : 

Question. I believe at the Sioux outbreak you saved the lives of many 
white people? 

Answ^er. I was a man to speak to the Indians who were going to 
murder white people, and what I said was the means of saving their 
lives. 

Question. That was proved to be so in court, I believe ? 

Answer. Yes. 


Tay-cum-me-ge-sheck, (Indian,) having been duly sworn, testified as 
follows: 

By Commissioner Jones: 

Question. Where do you live ? 

Answer. At White Earth. 

Question. How long have you lived there ? 

Answer. Five years. I came from Gull Lake. 

Question. Are you acquainted with the Indians at Leech Lake ? 

Answer. No. 

Question. Were you present at the meeting last summer when Agent 
Smith explained this contract with Wilder for the pine ? 

Answer. Yes. 

Question. State your opinion as to whether it would be advantageous 
to the Indians to make that sale, if the money were divided among them 
equitably, and appropriated for implements, for teams, schools, and im¬ 
provements generally ? 

Answer. I think it would be a great benefit to them if they received 
everything. I was present. 

Question. Do you know anything wrong that Agent Smith did with 
respect to the sale of this pine; and, if so, what? 

Answer. I blame him for not having spoken to the Indians before 
making the sale. 

Question. Do you think there would be any difficulty in getting all 



115 


the Indians iuterestecl in this pine to agree upon the terms of sale, or as 
to the division of the money between them 1 

Answer. I think if it were explained to the Indians, altogether, so 
that they could understand it, there would be no difificulty in making a 
bargain of that kind. 

Question. Do you think there would be no difficulty in getting the 
Indians to agree as to what share each man should have ? 

Answer. (Witness hesitated before giving his reply, and then said:) 
“ They could never agree ; they could never divide it.” 


Reverend Mr. Johnson, native Indian missionary, and minister of the 
Episcopal Church, having been duly sworn, testified as follows: 

By Commissioner Jones : 

Question. Where do you live ? 

Answer. At White Earth. 

(Question. What is your age ? 

Answer. I cannot say. 

Question. What is your occupation ? 

Answer. I am a missionary, I think; I hope. 

Question. How long have you been engaged in that capacity ? 

Answer. I have been under the guidance of Bishop Whipple fifteen 
years. I have been six years at White Earth. 

Question. What was the number of your communicants when you 
began 

Answer. About fifteen ; may be a little over. All those came from 
Gull Lake. The number now is one hundred and sixty. 

Question. What is the condition of the people at White Earth, as to 
civilization, provisions, and general improvements? 

Answer. The way I see the people that are living there now, I think 
they are well off; and I think they are still improving. 

Question. What information have you in regard to the sale of this 
pine to Mr. Wilder? 

Answer. All I know is what I have seen in the papers. 

Question. Have you sufficient knowledge of the character of that 
pine, and of the situation generally, to be able to give an opinion as to 
whether that contract was advantageous to the Indians or not ? 

Answer. Cannot speak anything for others. I can only tell you what 
I think. I think I have seen enough of pine business carried on to think 
that more might have been got for that pine. I think it was too cheap j 
that is my idea about it. 

Question. Have you been around Leech Lake, so as to know the char¬ 
acter of the streams and form an idea as to the difficulty of driving and 
getting the lumber out ? 

Answer. I know of a certain river—canoe route—that empties into 
Leech Lake, and along that river there is a great deal of pine, and there 
would be no trouble in driving it down to the lake. There is a great 
deal of good pine around the lake; it would take many years to ex¬ 
haust it. 

Question. Do you know what has been the market-price of i^ine-land 
in Minnesota, per acre ? 

Answer. I do not. 

Question. Do you know how many thousand feet there is of pine of fair 
quality per acre ? 



116 


Answer. Ko. 

Question. Would you be able to say what an acre of fair pine-land 
should be sold for within one to four miles of driving streams ? 

Answer. No. 

Question. How then do you arrive at the conclusion that this sale to 
Wilder was too low ? 

Answer. I know well enough about pine and pine operations to know 
that the timber about Leech Lake is very handy to the water, and that 
the timber is good. That is the reason why I think it is worth more. 

Question. What do you understand it was sold for 'I 

Answer. I think it was sold for $1.15 per thousand feet; and the rea¬ 
son of my being positive in my opinion that that was less than the pine 
was worth was from what I learned from lumbermen as to the value of 
pine. 

Question. Were they talking about the v^lue of pine-land, or about 
the value of pine per thousand feet 1 

Answer. Yes; of the ihne. 

Question. Are you familiar with the Indians of Leech Lake? 

Answer. I have been there several times. 

Question. How lately ? 

Answer. Two years ago. 

Question. What is the situation there, as to their means of support 
and civilization ? 

Answer. There are very few, I think, who are trying to better them¬ 
selves in the way of agriculture, but I could not say that for the major¬ 
ity of them. I know they are poor, and I hardly see how they can get 
along. 

Question. Was there necessity for selling the pine for the purpose of 
providing the means of supporting them and civilizing them ? 

Answer, '^es, so far as that goes, I think it would be a benefit; but 
the only thing I don’t like now is this, that the Indians when they made 
bargains heretofore with the Government were always asked about it; 
and they have a jealous feeling about it now j they think they ought to 
have been asked about it. 

(The examination of Eeverend Mr. Johnson was here interrupted by 
Commissioner Jones, who recalled H. P. Smith, respondent, in order to 
obtain some information which would assist in the further examination 
of Mr. Johnson.) 

Commissioner Jones to Mr. E. P. Smith : 

Question. I desire to ask you as to what Indians the pine belongs to j 
the Leech Lake pine, as the Government understands it ? 

Answer. It belongs to the Mississippi Chippewas, and to the Pillagers 
of Leech Lake, and the Indians of Cass Lake and Winebagoshish Lake. 

Question. What do the Mississippi Indians embrace ? 

Answer. The White Oak Chippewas, Mille Lac Chippewas, White 
Earth Chippewas. 

Question. State to these Indians what proportion belongs to them ? 

Answer. There are about 4.300 ludians to whom this pine belongs, 
and between 2,200 and 2,300 are Mississippi Chippewas, and as about 
all the pine on the reservation belongs to them on that estimate, it 
would appear that half the amount realized would be divided among 
the Mississippi Chippewas; but the Mississippi Chippewas at White 
earth are receiving a large portion of land, and it will be a question 
which will arise by-and-by what would be equitable as to them in the 
division of the amount received for the pine. 



117 


Question. Before this division is made will they all be consulted? 

Answer. I could not say; It will be a question of expediency and 
practicability. It would depend, I think, upon the judgment of the 
agent as to what is best under the circumstances of the case. It would 
depend upon the decision of the Department of the Interior. 

Reverend Mr. Johnson re called. 

By Commissioner Jones: 

(Question. Would it be difficult, or not, to get the consent of all the 
Indians that Mr. Smith refers to as having an interest in this pine as to 
the terms of sale and the division of the money ? 

Answer. There are a great many Indians whom it would be difficult to 
make understand about the agreement, and they would be against it. 
Those who understood, would, I think, give in willingly. 

Question. Do you believe that there would be a difficulty in getting 
them to agree as to the division of the money ? 

Answer. They would probably have no difficulty in the matter if these 
Indians at White Earth were consulted by them, the wild Indians liv¬ 
ing at different places; but if it was left to the wild Indians, they could 
never agree on anything; if they called on these Indians, sitting round 
here, they could post them. 

Question. Would the other bauds be satisfied with what you would 
agree to at White Earth ? 

Answer. I think it would be the same with the Pillagers at Leech 
Lake, because it is the fact that they have sent to us often for advice, 
and want to do whatever advice we givx them. 

Question. Have you any reason to believe that Agent Smith has done 
anything wrong in making this contract, and, if so, what, in what he 
did about making it ? It is claimed by him that the selling without the In¬ 
dians’ consent was done by the authorities at Washington. 

Answer. I cannot say that I have any reason for saying that he did 
wrong, onlj" in so far as they (pointing to the chiefs) have said about 
their not being consulted. We had made up our minds that we were 
born to it; that the land and all on it belonged to us, and could not be 
disposed of without our consent. 

Question. As to applying the money for the iiurchase of things that 
were needed instead of giving the money to the Indians—how as to 
that ? 

Answer. The money has been expended for us by the agents of the 
Government. It has been spent for our benefit, according to the judg¬ 
ment of the agent who had it in his hands. I suppose the reason for 
this was because you cannot trust us to spend it properly. We are like 
children. I know that this is so often, but I think you could trust the 
chiefs sitting round here; but I could not say that for the majority, and 
so I think the better plan is to exjieud the money for us. 

Question. Where were you born ? 

Answer. On English land, in Canada. 

Question. Where were you educated ? 

Answer. In Illinois, at Jacksonville, Ill. 

By Commissioner S^iith : 

Question. Lumbermen tell us that in order to get the lumber out of 
Leech Lake it is necessary to build a steamboat, and that there would 
be a difficulty in getting it out the first year ; what, under those circum¬ 
stances, is your opinion as to whether 81.15 is too little for that lumber ? 

Answer. A little steamboat there would, of course, be of great use. 


118 


and with it they could carry on the work very rapidly. It would not 
take more than a day—or two days—to carry all the lumber out of the 
lake. 

Question. Suppose that what these lumbermen said was true—that it 
could not be got out the first year—what would be your opinion of the 
X)rice of $1.15 per thousand feet ? 

Answer. As I said before, I think the price is too little; because in 
thinking over the matter I don’t know where the great difficulty would 
be in taking the lumber dowm 5 it is a good lake, and the river is good. 
I don’t think the expense is in the way at all, and I think that $1.15 is 
too low. 

Question. Have you ever lumbered yourself ? 

Answer. I went on a drive once, and never got my pay for it. 

Cross-examined by Judge Palmer : 

Question. Do you know that Leech Lake breaks up later in the spring 
than the Mississippi ? 

Answer. Yes. 

Question. How much later % 

Answer. Cannot say for certain, but it is not much later, because the 
lake is shallow, and the springs strike through the ice and make it break 
up. 

Question. Has lumber to be hauled through one summer and lie over 
the winter before it is got out ? 

Answer. A man who was cutting timber there, if he had a mind to take 
two years could do so, but a man could do it in one season if he 
wished to. 

Question. I suppose you will admit that if the lumber stays over one 
year it is not worth so much as lumber got out the first year % 

Answer. That is supposing, and I don’t like to go on suppositions. 
When 1 see anything, I speak of it 5 but I don’t like to speak on suppo¬ 
sitious. 

Question. I don’t want you to say it would take two years, but if it 
did, would it not be worth less ! 

(Question not answered.) 

Question. Have you seen any pine taken across Leech Lake ? 

Answer. No. 

Question. Is Leech Lake Kiver very crooked*? 

Answer. Yes, but the current is very swift. 

Question. Do you know how much pine there is on an acre round 
Leech Lake *? 

Answer. I answered that question before; I know nothing about it. 

Question. Do you know the price of pine laud up there *? 

Answer. No. 

Question. Did you own some land at Gull Lake *? 

Answer. Yes, half a section ; it had some pine on it. 

Question. What did you sell it for i 

Answer. The white man, when he makes a trade, wants to make a 
good trade for himself and will mostly take advantage of those who are 
more ignorant than himself. I got cheated on that land. I got only 
$300 for it. 

Question. When did you sell it ? 

Answer. Four years ago. 

Question. Was there lumbering pine on it*? 

Answer. Yes. 

Question. What time is plowing done about the reservation at Leech 
Lake % 


119 


Answer. ! don’t know exactly; not much difference between that 
place and White Earth ; about the last of April and 1st May. 

Question. Have you seen Leech Lake solid with ice after the plowing 
was done ? 

Answer. No. 

Question.‘Have you seen cattle driven over on the ice to do the 
plowing ? 

Answer. No. 

Question. Have you been there at that time of year? 

Answer. No. 

By E. P. Smith, respondent: 

Question. How often have you been at Leech Lake ? 

Answer. Don’t know, exactly; perhaps six times; about two years 
ago, last. 

Question. What time of the year was it ? 

Answer. The last time I was there was in winter. When I was there 
before I used to go in a canoe, just after planting time. 

Question. Were you ever there in the spring after the lake opened 
except in a canoe ? 

Answer. No; I don’t remember. 

By Judge Palmer: 

Question. When you said the price was too low, was that because it 
was your own opinion? 

Answer. I think I have answered that twice. I got information from 
others who know about pine, and I know something myself about water 
for driving. 

Question. Where have those persons lumbered from whom you de¬ 
rived information ? 

Answer. On the INIississippi. Don’t know exactly wdiere. I have 
seen them on the Mississip})i carrying on their business. 

Mr. E. P. Smith having invited Colonel Beaulieu to say anything, 
Colonel Beaulieu, an Indian, in reply said : “ I came down here as a 
spectator merely ; 1 was not brought down. I came to listen and con¬ 
sider, and I prefer not to say anything as a witness.” (This was spoken 
in Chippewa.) 

Commissioner Smith. If you have anything to say respecting the sub¬ 
ject of inquiry we shall be glad to hear you. (To the interpreter.) Why 
does he speak in Chippewa? He speaks English. 

Colonel Beaulieu, (in Chippewa.) I speak in Chippewa because I am 
an Indian, and wish my people to know what I am saying. I do not 
think that this is either the proper time or the proper place for me to make 
any statements, and I would like to see your authority for calling me 
up to the stand ; but I think the proper time will come after a while, and 
then I will speak. I came here to listen and am not now prepared to 
say anything. 

Commissioner Jones. (To the Indians generally.) While we have only 
to inquire as to the charges before us, we sliall be happy to represent to 
the Government at Washington anything that you wish us to represent. 

No response from the Indians. 


Kev. E. Douglass, having been duly sworn, testified as follows: 

By E. P. Smith, respondent: 

Question. At what time were you appointed agent at White Earth ! 



120 


Answer. I received my commission ITtli May. My agency covers the 
Chippewas of the Mississippi and the Pillagers j reached the agency 6th 
June. 

Question. From whom did you first learn of the sale of this pine 

Answer. Two days after my arrival I learned it from official communi¬ 
cations from yourself. 

Question. What were you instructed to do ? 

Answer. I was informed of the sale and received a copy of the con¬ 
tract, and was instructed to proceed at the earliest moment to Leech 
Lake and explain the contract to the Indians. I went there on the 8th 
July. I had a large council, said to have been the largest in several 
years, except that held at the time of payment. I gave them a full and 
minute account of the contract as I understood it, and invited them to 
ask all the questions they desired to ascertain the meaning of the con¬ 
tract, and to make any suggestions to me as to the matter that they 
thought best. It was a lengthy council. 

Question. Had you a copy of the contract! 

Answer. Yes. 

Question. What was the result f 

Answer. No dissatisfaction was expressed, except that they had not 
been consulted previously, as has been stated here by these parties. 
That was the only ground of complaint. 

Question. What is the condition of the Indians without help? 

Answer. Without it I see no prospect of their making any i^rogress 
in anything good or desirable. 

Question. Have you received any funds from Mr. Wilder ? 

Answer. Yes, $10,000. 

Question. Had you any instructions with regard to that money ? 

Answer. Yes; I was instructed to deposit it in the United States de¬ 
pository to my credit as agent of the Government. I received it on 26th 
June, twenty days after my arrival at W^hite Earth. I had a notifica¬ 
tion from the Department that this money was to be paid by Wilder to 
me, as agent. 

Question. Had you any communication from Wilder? 

Answer. I think I had, but am not positive. I think I had a commu¬ 
nication from him to the eflect that the money was readyv 

Question. Was that near the time you came to the agency ? 

Answer. Yes. 


WiLLiA^i B. Dean, having been duly sworn, testified as follows : 

By Commissioner Jones : 

Question. State your name, residence, and occupation ? 

Answer. I live in this city, and am a merchant. 

Question. Do you know, or have you known, S. N. Clark, the Wis¬ 
consin Indian agent ? 

Answer. Yes. 

Question. Where did you last see him ? 

Answer. 1 traveled with him from Saint Paul to Chicago, on the rail¬ 
road. That was a week ago last Tuesday; could not say the date. It 
was probably the 2d or 3d of December. 

Question. Had you any conversation with him ? 

Answer. Yes. He said he had been advised by his physicians to leave 
this country on account of the long winter, as he required a warmer cli¬ 
mate than this, and he thought he would finally reach one of the West 
India Islands. 



121 


Question. Did he say what route he w'as going to take? 

Answer. He said he thought he would go to Columbus; thence to 
New York, and thence to the West India Islands. He seemed certain 
he was going to Columbus; did not say where he was going to stop 
there, nor his object in going. 

Question. Did he say Columbus, Ohio. 

Answ^er. No; I inferred that that was so from the route he took. 

Question. Did he say how long he would be there ? 

Answer. He said it was indefinite. 

Question. Did he say what he was going to do there ? 

Answer. I think he said he was going to see some friends. He did 
not mention their names. I am certain of that. 

Question. Do you know where to find him ? 

Answer. I do not. 

Question. Did he say anything to you with reference to the accusa¬ 
tions against E. P. Smith ? 

Answer. I talked of these Indian matters with him, as I knew he was 
conversant with them. 

Question. What did he say with reference to those charges against 
Mr. Smith ? 

Answer. He said he did not know much about them ; but whatever 
they might be, judging from what he knew of Mr. Smith’s past life he 
should hesitate to believe them. 

Question. Had you much further conversation with him ? 

Answer. No. He seemed quite ill and feeble. I don’t know that these 
were his precise words; they were to that effect. My impression was 
that he referred to the charges that were made; but I should think he 
had not seen them, from his conversation. He was in a very feeble con¬ 
dition, indeed. 


State of JMinnnesota, 

County of Ramsey^ ss : 

I, Wm. S. Wilson, a notary public in said county, do hereby certify 
that the above and foregoing testimony of Amherst H. Wilder, W. P. 
Jewett, N. P. Clarke, James Whitehead, Wm. P. Ankenj", John S. Pills- 
bury, Wm. P. Allen, T. B. Walker, John Dajne Howard, F. P. Clarke, 
Mahlon Black, E. P. Smith, ]N[o-cee-tujo-wance, Minne-ge-shick, Wah- 
hun-ah-quot, Mesh-a-he-ge-sliig, Bay-kin-ow-wash, Isaac Munadowab, 
Agos, Cabiluse, Kev. Johnson, Kev. E. Douglass, and Wm. B. 

Dean, was taken before N. J. Turney, T. C. Jones, James Smith, jr., and 
W. K. Jennings, commissioners appointed to investigate the charges 
against E. P. Smith, as Indian agent, at the office of James Smith, Jr.,, 
Saint Paul, State of Minnesota, between the 3d day of December, A. D. 
1873, and the 18th day of the same month, both dates inclusive, upon 
verbal interrogatories. That it was reduced to writing by myself and 
Edwin S. Jackson, a disinterested person, (duly sworn by me to perform 
such service,) in my presence and under my direction, for the purpose 
of said investigation ; that said deponents, before such examination, 
were severally sworn to testify the truth, the whole truth, and nothing 
but the truth relative to the matters pertaining to such investigation. 

In witness whereof I have hereto set my hand and notarial seal this 
20th day of December, A. D. 1873. 

[SEAL.] WILLIAM S. WILSON, 

Aotary Puhlic, Ramsey County^ Mhin. 


122 


Tills concluded the evidence. 

Commissioner Jones then made tbe following observations, which 
were interpreted to the Indians by Mr. Warren : 

Say to these people, who have come down from White Earth, that we sent to Mr. John¬ 
son, their missionary, whom we believe to be a good man, to ask him to notify half a dozen 
men to come down here to give testimony, if they knew anything about the matter that we 
were authorized to investigate by the Government. There had been complaints made in 
writing against Agent Smith, and one of the things complained of had reference to the sale 
of this Leech Lake pine in which they are interested; and after taking the testimony of 
such persons as we could find—persons supposed to have information in regard to that con¬ 
tract and of the value of the pine, to examine them as to that branch of the business. We 
knew that the President would be anxious, if they knew anything against their agent, to 
give them the opportunity to let it be known what it was in this regular manner. 

We are very much obliged to them for coming, so that they can see how trials of this sor- 
are conducted. We hope it will not be very long before the Chippewas and all other Int 
dians who have controversies to settle, will have regular trials where witnesses are sworn ; 
and we have no doubt that if they have any complaint to make against any agent, or against 
any oflicer of the Government, if they get Mr. Johnson to send it to the President, it will be 
inquired into, and justice done to them; or if they get anybody else, who will put the matter in 
writing and send it to the President, so that he may know what the complaint is. Of course, 
they know there may be groundless accusations, and that when they make a complaint 
the President expects that they will have good grounds for it, in which case the Presi¬ 
dent will protect them against any who may seek to cheat them. You have plenty of good 
men among you, and when you send a good man to make your complaints he will always 
be listened to. Your rights as to the timber that has been sold to Mr. Wilder depend upon 
treaties which have been made with the Government, and upon the amount of money which 
you and other Indians have received, and any representations that you may make to the 
President he will be very glad to bear and inquire into, y,s will also ihe Department of the 
Interior. 

Commissioner Turney then announced that this concluded the labors 
of the commission in Saint Paul. 


Exhibit A A. 

United States Indian Agency^, 

^VMte Earthy Minn.^ July 8,1872. 

Proposals are invited until August 1 for stumpageof the pine timber 
on the reservation of the Mississippi Chippewas, lying along the Missis¬ 
sippi Eiver and its tributaries. 

The reservation line runs from the mouth of Wanomiu Eiver clue 
nortli. The pine lies between this line and the Mississippi Eiver, to the 
mouth of Leech Lake Eiver, and north of Leech Lake Eiver on both 
sides of the Mississippi Eiver to Lake Winnebagoshish. 

Proposals should state price per M for all timber within three miles 
of navigable streams, one-half to be paid when logs are scaled on the 
bank, and balance when delivered in the boom. Also the cjuantity not 
less than wdiich will be cut or paid for each year. 

Contract to run for four years. 

EDW. P. SMITH. 

United States Indian Agent. 


Washington, SeiHemher IG, 1872. 

Sir : Not having seen a copy of the attached advertisement of Edw. 
P. Smith, United States Indian Agent, until after the 15th of August, 
1 was not aware of the proposed sale of stumpage. 




123 


I now desire to make my proposition to you under the terms of the 
advertisement of Agent Smith, and would respectfully say that I will 
pay for the stumpage named $1.G0 per M feet. Should my proposition 
be accepted, I would enter into bonds at once for the faithful performance 
ot the same, subject to such privileges and restrictions as are granted 
others in like contracts made by Agent Smith. As to my responsibility 
and ability to perform a contract if awarded me, I would respectfully 
refer you to the Hon. Alex. Kamsey, TIou. JohuT. Averill, or Hon. Juo. 
Jay Knox. 

Very respectfully, 

A. n. WILDER, 

ISaint Pmd^ Minn. 

lion. F. A. Walker, 

Commissioner of Indian Affairs., Washington. 


Exhibit B B. 




Department of Interior, Office Indian Affairs, 

tSeptemher 19, 1872. 

Sir: Referring to your letter of the 10th instant, in. regard to the 
purchase of pine timber upon the Leech Lake reservation of the Chip¬ 
pewa Indians of the Mississippi, and ofi'ering to pay $1.60 per thousand 
feet for all that you may cut therefrom, you are advised that a letter 
was yesterday addressed to Agent E. B. Smith directing him to enter 
into contract with you in case he is satisfied no better terms can be 
secured by further advertisement. 

Verv respectfully, your obedient servant, 

F. A. WALKER, 

Com missioner. 


A. IT. Wilder, Esq., 

Saint Paulj Minn. 


Exhibit C C. 

Office of Lake Superior Indian Agency, 

Bayfield., Wis.., iJecemher 20, 1872. 

Dear Sir : The letters of Major Smith, together with your favors, 
and the contract with accompanying bond are received. 

1 should bo glad to sign the contract you send, and would do so and 
forward it at once but for instructions from the Department, under date 
of November 20 ultimo, which require me “ to take no further action in 
the sale of the pine timber on the Lac Court Oreilles reservation until 
further directed.’* 

If this restriction is removed I will at once sign and forward the con¬ 
tract you inclose, and notify you of my action by same mail. 

Yours, very truly. 


A. II. Wilder, Esq., 

Sai7it Paul, Minn. 


S. N. CLARK, 
United States Indian Agent. 




124 


Exhibit D D. 


Saint Paul, December 6,1872. 

Dear Sir : I forwarded to you, tbrougli Major Smith, some days since 
my proposition for pine timber. I now send, at Major Smith’s sugges¬ 
tion, a contract for the timber signed by myself, and if you find it satis¬ 
factory, I trust you will execute it on behalf of the United States, and 
forward same to the Commissioner of Indian Affairs for approval. I also 


send you a bond properly approved. 
Truly yours. 


A. H. ^YILDER. 


Maj. S. N. Clark, 

United States Indian Agent, Bayfield, TEis. 
Please acknowledge receipt and oblige. 


Saint Paui., IMinn., November 27,1872. 

Sir : I understand that the Hon. Commissioner of Indian Affairs has 
authorized you to sell the pine timber standing on the reservation of 
the Lac Court Orielles band of Indians. If such is the case, I would 
respectfully propose to purchase the timber, and will pay for it at the 
rate of $1 per thousand feet, for all the merchantable i)ine within 
three miles of streams suitable for running logs, the timber to be paid 
for in ten yearly payments. Should my proposition be accepted, I will 
immediately enter into a contract, (the usual contract for sale and pur¬ 
chase of such timber,) and execute the necessary bonds for the faithful 
l)erformance of the same. My estimate of the quantity of timber 
standing on the reservation is 200,000,000 feet. 

Very respectfully, your obedient servant, 

A. H. WILDER. 


Maj. S. N. Clark, 

United States Indian Agent, Bayfield, Wis. 


G. 

District of Columbia, 

City of Washington, ss : 

Depositions of witnesses taken before me, John B. Thompson, a notary 
public in and for the District of Columbia, in the matter pending be¬ 
fore commissioners appointed by the Secretary of the Interior to in¬ 
vestigate certain charges preferred against Edward P. Smith, late 
Indian agent, and now Commissioner of Indian Affairs, by William 
Welsh. 

Benjamin E. Cowen, of lawful age, being by me first duly sworn as 
hereinafter certified, deposes as follows : 

Question by commission. State your name age, and residence. 
Answer. Benjamin E. Cowen; age, forty-two : residence, Washing¬ 
ton City, D. C. 

Question. State what you know in reference to the contract entered 
into between the Office of Indian Affairs and Amherst H. Wilder, of 
Saint Paul, Minn., for the sale of certain pine and cedar timber in 
said State belonging to the Chippewa Indians, to said Wilder, and the 




125 


connection tbe responclent, Edward P. Smith, had with the i?ame so far 
as the same came under your observation, and the agency that Com¬ 
missioner Walker and yourself had in the same. 

Answer. My recollection of the matter is, that pending the accept¬ 
ance or rejection of the highest bid which ]Mr. Smith had received for 
that portion of the timber which grew upon and near the Missis¬ 
sippi River, Mr. Wilder came to Washington for the purpose of trying 
to secure a contract for himself for the sale of said timber. The highest 
bid then before the office for said timber was 81.35 i^er thousand feet, 
and Mr. Wilder offered 81.00 for the same timber. The matter was 
canvassed freely between General Walker, Commissioner of Indian 
Affairs, Mr. Smith, and myself, and it was agreed.that the award was 
to be made to ]\Ir. Wilder at 81.00 per thousand feet, and a coutrat 
in accordance with this bid was ordered to be prepared. What may 
have transpired in reference to the subject-matter of the foregoing, or 
what proposition Mr. Wilder may have made to the Indian Office prior 
to that time, if any, 1 have no knowledge whatever, this being my first 
interview with Mr. \Vilder, who was introduced to me by General Walk¬ 
er, then Commissioner of Indian Affairs, and my first knowledge of 
any measures having been instituted for the sale of the timber referred 
to. Before the contract for the sale of said timber was signed, it was 
suggested, I think by General Walker in a conversation with me, at 
which time I do not think Mr. Smith was present, that Mr. Wilder be 
asked to make a bid for the Leech Lake timber, and such a suggestion 
was made to Mr. Wilder by General Walker or by Mr. Smith. Some time 
afterward, Mr. Wilder made a bid of 50 cents per thousand for the tim¬ 
ber lying adjacent to Leech Lake. General Walker deemed it more con¬ 
venient to embrace all the timber in one contract, and suggested that an 
average be made of the price of the two separate classes of timber, and but 
one price named in the contract. The timber near the Mississippi River, 
1 think was estimated at about 8130,000,000 feet, and that near Leech 
Lake at from 180,000,000 to 280,000,000 of feet. General Walker reached 
the average, however, by simply adding together the two prices, 81.00 
and 50 cents, taking one-half of the sum thus produced, which was 81.05 
per thousand. General Walker then insisted that the price should be 
81.25 per thousand. After some time spent in discussing this point by 
General Walker, Mr. Smith, and Mr. Wilder, the price was finally settled 
at 81.15 per thousand feet lor all the timber at Oak Point and Leech 
Lake, at which price the contract was drawn and signed. My recollec¬ 
tion is that the price named by ]\Ir. Wilder for the Leech Lake timber 
was the same as the highest price that had been olfered before for that 
timber, by any other parties, and was thus comparatively low, because 
of its remoteness from the Mississippi River being so great that it might 
require two years to fioat it to market at any place on the ^Mississippi 
River. 

♦During the negotiation above referred to, I do not remember that Mr. 
Smith manifested any special interest in completing the contract or 
arranging its details, and that he had apparently no more to do with 
the matter than General Walker and myself. I thought, then, as I do 
now, that the very best thing was being done for the Indians that could 
be done in their then destitute condition, as represented to the office. 
With this feeling I, as Acting Secretary of the Interior, approved the con¬ 
tract, and I think General Walker expressed to mo the same belief, at 
the time he presented said contract to me for my approval. 

Question. Have you any recollection of the discussion of the question 
of the right of the Department to order a sale of the timber without 


126 


tlie consent of the Indians; and, if so, please state how the matter was 
determined, and whether Mr. Smith participated in it, and to what 
extent? 

Answer. I have no recollection of any discussion of the question of 
the consent of the Indians being necessary or not. 

Question. Have you read the charges preferred by Mr. William 
Welsh against said Edward P. Smith, now under investigation by the 
commission ? 

Answer. I have. 

Question. State whether you know any fact tending to sustain the 
said charges or any of them, or any documents or documentary evidence 
material to the investigation, that have not already been furnished to 
the commission ? 

Answer. I know of nothing which has transpired in connection with 
the subject-matter of the charges preferred by Mr. Welsh, or of any 
documents not already in the hands of the commission, in this office or 
in the Indian Office, calculated to sustain said charges. I know of 
nothing in regard to timber contracts with Mr. Wilder, beyond what I 
have stated in my answer to the first question. 

Question. State whether Mr. Welsh has been in the habit of call¬ 
ing at your Department for the inspection of documents, and what 
has been the fact in regard to facilities afforded him in making such in¬ 
vestigations. 

Answer. The documents which Mr. Welsh would be most likely to wish 
to examine would be found in the Indian Office. I know that Mr. Welsh 
has called repeatedly at the Secretary’s office and at the Indian Office 
for information, for permission to examine documents, and for copies of 
documents on file in those offices. I know that I have repeatedly given 
him information myself, and have directed clerks and others in the De¬ 
partment to furnish him with any information he might desire. I have 
also frequently heard the Secretary of the Interior give directions to 
myself and others to furnish Mr. Welsh with such information as he 
might ask for. I have no knowledge that he has ever been refused any 
information he sought, or a copy of any document which he requested. 

Question. Do you know of any other matter or thing material to this 
investigation ? If so, please state it. 

Answer. I do not. 

And further deponent saith not. 

B. K. COWEK 


District of Columbia, 

City of Washington, ss : 

In the matter of the investigation before the commissioners appointed by 
the Secretary of the Interior to investigate certain charges against 
Edward P. Smith, late Indian agent, and now Commissioner of In¬ 
dian Affairs, by William Welsh. 

Emily S. Cook, now of the city of Washington, D. C., being by me 
first duly sworn, deposes and says as follows : 

Question by Mr. E. P. Smith. State your name, age, occupation, and 
residence. 

Answer. Emily S. Cook; age, 25; occupation, clerk, Office Indian 
Affairs; residence, Washington, D. C. 

Question. Were you employed in the years 1872 and 1873 at the 
Chippewa Indian agency in Minnesota ? 

Answer. I was. 


127 


(»>uestioii. Have you any knowledge relative to the statement that I 
made to the White Oak l^int Indians concerning the contract to sell 
their pine to F. P. Clarke ? 

Answer. I was only in the room at White Oak Point the morning 
afterpayment, during a council held with said Indians. Just before leav¬ 
ing, Mr. Smith spoke very severely to one chief because he had gone 
back upon his word which he had given in Minneapolis or St. Paul, 
don^t remember which. He, Mr. Smith, expressed his regret at what the 
chief had done, and gave him warning not to try anything of that kind 
again. 

Question. Did you understand what he had done ? 

Answer. I could not have told from what I then heard what fault the 
chief had committed; but I thought at the time I had never heard Mr. 
Smith speak more severely to any Indian, and so spoke of it afterward. 

Question. Did you afterward learn what the subject-matter of the 
difference between the agent and Indians was ? 

Answer. I learned afterward that this was the chief at whose request 
Mr. Smith endeavored to sell the White Oak pine. 

Question. State what you know respecting the course I pursued after 
the Indians had gone back upon their request to sell their timber. State 
facts within your own knowledge. 

Answer. We made the payment at White Oak Poiqt on the 0th or 
10th of October, 1872, and immediately after that council we took the 
steamboat down the Mississippi, leaving the steamboat for canoes the 
night of that same day, and arrived in Aiken on the 14th of October, 
where a telegram was sent to F. P. Clarke, at Minneapolis. This was 
the first chance of sending any message of any kind to anybody. On 
the evening of the 14th we reached Brainard, and we found there letters 
forwarded from White Earth—among them a letter from the then Com¬ 
missioner of Indian Affairs, Mr. Walker, stating Mr. Wilder’s proposition 
to buy the White Oak pine. Because I did not fully understand what 
had been done at White Oak Point, I asked ]Mr. Smith, What will 
you do about this ” His answer was : “ There is not anything to bo 
done, because those fellows at White Oak Point have gone back on the 
whole thing.’’ The agent’s letters always came to me first, as clerk. 1 
opened them and gave them to Mr. Smith to read, and indorsed on the 
back the day of receipt. The indorsement on the back of this letter 
from Commissioner Walker, dated September 18, 1872, is October 14, 
1872, the day on which we arrived at Brainard. 

Question. About how long was this letter received after the telegram 
was sent from Aiken ? 

Answer. The telegram to F. P. Clarke was sent from Aiken about 5 or 
C) o’clock in the afternoon. We reached Brainard at about 10 o’clock 
same evening, and found this letter, forwarded from White Earth. 

Question by commission. How do you know that telegram was sent ? 

Answer. The telegrams were sent at Aiken, I knew. Mr. Smith al¬ 
ways takes pains to keep copies of telegrams, which it is my business 
to preserve as vouchers. I generally get hold of them by looking among 
his papers; and when I find any, as I did this, I preserve them. 

Question. What telegram do you refer to as being sent to F. P. Clarke? 

Answer. The telegram of October 14,1872, to F. P. Clarka, (a copy of 
which is attached and marked Exhibit ;) also, copy of letter then 
received from Commissioner Walker, and marked Exhibit. 

Question. Was it possible for Mr. Smith to send a telegram from 
Aiken to F. P. Clarke, or anybody else, after the receipt of General 
Walker’s letter on the 14th of October, 1872 ? 


128 


Answer. He remained in Brainard that night, and I saw him take a 
wagon next morning for Mille Lac. It was impossible to send such a 
telegram from Aiken on the 14th, after receiving Walker’s letter in 
Brainard. 

And further deponent saith not. 

EMILY S. COOK. 

Also appeared John Jay Knox, who, being first duly sworn, deposes 
and says: 

Question by commission. State your name, age, occupation and 
place of residence. 

Answer. John Jay Knox ; occupation. Comptroller of the Currency; 
age, forty-five; place of residence, Washington, D. C. 

Question. State whether you are acquainted with Amherst H. Wil¬ 
der, esq., of Saint Paul, and his character and standing as a business 
man and a citizen in the community where he resides. State what you 
know, if anything, as to his pecuniary ability to fulfill his contracts. 

Answer. I am acquainted with Amherst H. Wilder, and believe his 
character and standing as a business man and citizen in the community 
where he resides is good, and should have full confidence in his pecuni¬ 
ary ability to fulfill his contracts. 

And further deponent saith not. 

JKO. JAY KNOX. 


District of Columbia, 

City of Washington^ ss : 

Also appeared John B. Sanborn, of lawful age, who, being by me 
first duly sworn, as hereinafter certified, deposes as follows : 

Question by commission. State your name, age, residence, and occu¬ 
pation. 

Answer. Xame, John B. Sanborn; age, 47; residence. Saint Paul, 
Minn.; occupation, attorney and counsellor at law. 

Question. State if you know Amherst H. Wilder, esq., of Saint Paul, 
Minn., and his character and standing as a business man and a citi¬ 
zen in the community where he resides. State what you know, if any¬ 
thing, as to his pecuniary ability to fulfill his contracts. 

Answer. I know Amherst H. Wilder and have been well acquainted 
with him for sixteen years. His character and standing as a business 
man and citizen is the best and above reproach, so far as I know. He 
is a man oflarge pecuniary resources, being able to raise sums of money 
from fifty to one hundred thousand dollars in a day and at a time when 
the money-market was not easy. He has pecuniary ability to fulfill 
large contracts without delay and to wait for compensation for unusually 
long periods of time. He is one of the most prompt and active bush 
ness men that I have ever known, and one of the most careful and cor¬ 
rect in all his accounts and dealings. 

And further deponent saith not. 

JOHN B. SANBOPN. 

Also appeared B. A. Simmons, who, being by me first duly sworn, 
deposes as follows: 

Question by the commission. State your name, age, occupation, and 
place of residence. 

Answer. Byron A. Simmons; age, 38; present occupation, a mer¬ 
chant; and residence, Hartford, Conn. 


129 


Question. State wlietlier you are acquainted with S. N. Clark, late 
Indian agent at Bayfield, Wis., and whether you are the same Mr. Sim¬ 
mons who contracted or attempted to contract for the pine-timber on 
the Lac de Flambeau reservation in Wisconsin, with said agent. 

Answer. I am. 

Question. Do you know Edward P. Smith, the present commissioner 
of Indian affairs ; also, Charles IT. Howard, and the llev. E. F. Williams, 
of Chicago 1 If so, about how long have you known them, respectively ? 

Answer. Have known Mr. Williams about eight years; he is my 
brother in-law. I first met Mr. Howard in, I think, September, 1872. 

I met Mr. Smith the fore part of November, the same ‘year, (1872,) in 
Saint Paul. 

Question. Please state the facts connected with your contract, or pro¬ 
posed contract, for the purchase of the pine on said reservation. What 
agency, if any, Mr. Smith, the accused, had in that negotiation, to¬ 
gether with all that was done by yourself, Mr. Howard, or Mr. Williams 
in the contract, or said negotiation or preparation of contract, and all 
facts and circumstances connected therewith. Please state fully the en¬ 
tire transaction and your connection with the contract or the parties 
referred to. 

Answer. 1 met ^Ir. Clark at Saint Paul the fore part of November. I 
had learned of the sale of the pine of the Lac Court Oreille reserva¬ 
tion. I learned also that the pine on the Flambeau reservation was 
going to be sold. I asked Clark if I could buy it. Tie said he should 
like to sell it to me. I asked him if I could buy the pine on that re¬ 
servation, paying a certain sum on it, and then giving the Indians a 
percentage of the profits. ]Mr. Clark said he thought I could. It 
struck him ver^^ favorably. He said to me if such a sale could be made 
there would have to be a commission appointed by Government to take 
care of the Indians’ interest. He said to me “ I should have to be one 
of that committee to look after them,” and he wished me to lay the mat¬ 
ter before General Howard and ]Mr. Williams, of Chicago, knowing I 
was acquainted with them ; and suggested to me, at the time, that there 
would be a commission of three, probably, and saying that he would 
like to have them on that commission. ]\Ir. Clark agreed to have the 
timber estimated. I asked him to, and I was to meet him by appoint¬ 
ment, in Chicago, in the February following. 1 went to Chicago and 
saw j\Ir. Howard, and laid the matter before him ; but did not suggest 
to him or to Mr. Williams, then or ever, to my recollection, their having 
any part in the committee that should be appointed, if any was. ]\Ir. 
Howard thought favorably of the proposition, and I met Mr. Clark 
in Chicago the last of February. i\Ir. Clark had been to Washington, 
and informed me that he had consulted with the Department, and that 
such a contract could not be approved by the Department here. Before 
he received this information that the Government would not ap- 
])rove any such contract of partnership kind, I think I did correspond 
with him in reference to it, and perhaps as to the names of the 
persons whom he had suggested to form that committee. I met 
him in Chicago, and he wished me to buy it. 1 made him a 
proposition and he accepted it. He gave me a contract to use as a 
form to copy in drawing this contract. I was to pay in yearly payments. 
I drew up a contract, which he signed, embracing the terms of my pro- 
l)Osition. This was in the afternoon, and that evening, or the next, Mr. 
E. V. Smith came there from Washington. I showed him the contract. 
He made objections to it, and suggestions about drawing up one which 
would be more acceptable to the Department. His proposition was to 

9 s 


130 


slioiteii tlie time of payment to not more than ten years. Mr. Smith 
did not think the Department would approve the contract. Mr. Howard 
told me he was ^:;’oing to Washington soon, and I arranged to meet him 
there. That was after the contract was signed. Mr. Smith left for 
Saint Paul and I left for home that day after this talk. I had shown 
Mr. Howard and Mr. Williams the contract, although my negotiations 
were wholly with the agent himself. I came to Washington and met 
Mr. Howard, and expected to meet Mr. Smith, who had then been ap¬ 
pointed Indian Commissioner. Mr. Smith did not arrive. I left my 
papers with Mr. Howard and asked him to present them to Mr. Smith 
on his arrival. I went home and the matter rested until Mr. Smith 
came to Washington. I heard at this time of Mr. Clark’s situation, and 
that he had resigned. At the same time I received letters from my men 
in Wisconsin that they had not taken the right boundaries of the reser¬ 
vation to estimate it, and probably there were very large portions of 
the pine that they had not seen, and that my contract did not include. 
1 telegraphed to Mr. Howard to withhold my papers, and wrote him to 
return them to me, giving these several reasons. Mr. Howard wrote 
me that he had shown the contract to Mr, Smith, and that Mr. Smith 
would not approve it or sanction its approval. Mr. Smith wrote me 
that he could not sell that pine without its being advertised. Mr. 
Howard returned the papers to me as directed, and I still have them in 
luy possession. 

Question. About what time were the papers returned to you ? 

Answer. About the last of March, 1873. 

Question. Did Mr. Howard, or any other i^erson, have authorit}’ from 
you to file these papers in the Indian Office, or Interior Department 

Answer. No. 

Question. State whether E. P. Smith had any connection with these 
transactions other than those you have detailed, to your knowledge. 

Answer. He did not. 

Question. Please state whether Howard, Williams, or Smith, or any 
person other than yourself, had, or was to have, any interest in this pro¬ 
posed contract for the purchase of the pine spoken of. 

Answer. No one had, or Avas to have, any part or interest in it what¬ 
ever but myself. 

Question. Please state whether you have been engaged in dealing in 
pine lauds, or how you came to be engaged in purchasing this pine. 

Answer. I have been dealing in pine lands in Wisconsin since 1871. 
I was west at the time I learned the fact that this pine was for sale, 
looking to my own interests there, and did not go out to purchase this. 
I owned, with other parties, about seven thousand acres of laudiu toAvn- 
ship 34; and these lauds are in township 40 and 41. 

Question. Please state how it was that Williams came to haA^e any 
connection with this contract, or conference Avith Howard, or any one 
else in reference thereto. 

Answer. I asked Mr. W^illiams to go up with me to witness the sign¬ 
ing of the contract. He told me he had not seen Clark for some time 
and Avould like to, and Avould go. ’ 

Question. How did you come to see or consult General Howard with 
reference to the contract, and Avhat connection had he Avith these 
matters ? 

Answer. Clark first suggested it to me, and asked me to see and 
consult Avith him. I did not know Mr. Clark’s and Mr. Howard’s rela¬ 
tions at that time, but learned them from Mr. Howard. 

Question. What position did General Howard then hold? 


131 


Answer. Western secretary of the American ^Missionary Association. 

Question. Did Clark think it advisable that he should be consulted 
with reference to this sale ? 

Answer. Yes. 

Question. Did you have any consultation with Mr. Smith prior to the 
signing of this contract; if so, what was it ? 

Answer. I had never passed a dozen words with Mr. Smith before 
this contract was signed. Mr. Smith arrived from Washington after this 
contract had been signed. 

Question. Have you, ever since these papers were forwarded by Gen¬ 
eral Howard, attempted to have the contract made, or papers returned 
to the Interior Department ‘I 

Answer. No. I have never made any effort to have this contract ap¬ 
proved since it was returned to me by ^Ir. Howard. 

And further deponent saith not. 

BYRON A. SIMMONS. 


District of Columbia, 

City and County of Washington, ss : 

I, John B. Thompson, a notary public in and for the District of Colum¬ 
bia, do hereby certify that the above and foregoing testimony of Ben¬ 
jamin R. Cowen, Emily S. Cook, John J. Knox, John K Sanborn, and 
Byron A. Simmons, was taken before the commissioners appointed bj" 
the Secretary of the Interior, to investigate certain charges against 
Edward P. Smith, late Indian agent, and now Commissioner of Indian 
Affairs, in the city of Washington, D. C.,on the 24th and 27th days of 
January, A. D., 1874, both days inclusive, upon written interrogatories. 

That said interrogatories and answers were by me reduced to writing, 
and that before such examination said deponents were by me severally 
sworn to tell the truth, the whole truth, and nothing but the truth, in 
all matters before said commissioners pertaining to said investigation. 
I further certify that the foregoing testimony was signed by said re¬ 
spective deponents in my presence. , 

In testimony whereof I hereunto set my hand and notarial seal this 
29th day of January, A. D. 1874. 

JOHN B. THOMPSON, 

Xotanj ruhlic. 


Depositions of witnesses taken before a commission appointed by the 
Secretary of the Interior of the United States to investigate certain 
charges preferred against Edward P. Smith, late Indian agent at 
White Earth, jMinnesota, and now Commissioner of Indian Affairs, 
Said depositions being taken at the office of John A. Owen, at 185 
Washington street, in Chicago, Illinois. 

Charles H. Howard, of Chicago, called at the instance of the com¬ 
mission, testified as follows; after having been first duly sworn, as here¬ 
inafter certified: 

Question by Judge Jones of the commission. State your name, age, 
residence, and occupation. 

Answer. Charles H. Howard; age 35; residence, Chicago ; occupa¬ 
tion, publisher and editor of the Advance newspajicr. 

(,)uestion. Are you acquainted with Rev. Edward P. Smith, now Com¬ 
missioner of Indian Affairs; if so, how long have you known him ? 



132 


Answer. I am. I have known him upward of ten years. 

Question. Are you acquainted with B. F. Simmons, of Hartford, 
Conn.? 

Answer. I am. 

Question. State what you know in reference to a negotiation which 
took place in or about the month of March, 1873, between said Simmons 
and Mr. Edward P. Smith in reference to the sale of certain pine tim¬ 
ber or stumpage in the State of Wisconsin. 

Answer. Mr. Simmons brought letters of introduction and testimo¬ 
nials to me from reliable parties, such as United States Senator Bucking¬ 
ham, Governor Jewell, General Hawley, now member of Congress from 
Connecticut, and others. He came to me as the Western secretary of 
the American Missionary Association, which position I held at that 
date, about the first of March, 1873, and as such had supervision of 
missions among the Chippewa Indians in Wisconsin. He proposed to 
purchase certain pine belonging to those Indians, and desired to confer 
with me as to the best way of making a contract for the best interests of 
said Indians consonant with the Government regulations and his own 
interest 5 said Indians were under the charge of United States Indian 
agent S. N. Clark. Agent Clark came to the city of Chicago, on his 
return from Washington, about that date. A contract for the sale of 
certain pine in Wisconsin was written and signed by said Agent Clark 
and Simmons. At the request of Simmons and Clark, I read the con¬ 
tract, with a view to the interests of said Indians and our missions 
among them. I do not think I was present when the contract was 
executed. About this date the then agent, E. P. Smith, above men¬ 
tioned, called at my office in passing through Chicago. He was not un¬ 
derstood as having any direct relations with those Indians, but, owing 
to his connection w ith other Chippewas and his former connection with 
our missionary association, I conferred with him in regard to the pro¬ 
posed sale of pine by Clark. 

Question. State whether you formed any opinion whether the pro¬ 
posed sale was a fair one for the Indians j and if so, state upon what 
facts or information it was based. 

Answ^er. I became convinced it was a good transaction for those In¬ 
dians, from evidence furnished by the agent, Clark, and from the testi¬ 
mony of a timber expert w ho had been over the entire lot, and who gave 
explicit statements in my office, with xdans showing the situation of the 
timber and topography. This expert was a resident of Wisconsin. I 
do not remember his name. My opinion was based upon the information 
thus obtained. 

Question. State the substance of all the conversation which took 
place between yourself and Agent Smith, at Chicago, in reference to 
his contract. 

Answer. I asked his opinion as to the value of the pine so far as he 
knew 5 also as to the advisability of a sale with annual payments, as 
I)roposed. He stated definitely the average prices of pine in his own 
jurisdiction in Minnesota, but thought we must depend mainly upon 
Agent Clark’s information in regard to the price of the Wisconsin pine. 
He thought the plan of annual payments was a good one for the In¬ 
dians, because the funds would in that way become available for civil¬ 
izing purposes, whereas if all paid at once to the Indians, the funds 
would be more likely to be w asted by them. This is the substance of 
all our conversation, to the best of my recollection. 

Question. Had you any knowledge at the time as to w hether any 
parties other than Mr. Simmons were to be interested in this contract? 


133 


Answer. No knowledge farther than his statement that probably 
another party in Hartford, Connecticut, would be interested with him j 
the name was not mentioned. 

Question. State whether there was any agreement, or understanding, 
or expectation, directly or indirectly, that you or the said Edward P. 
Smith were to have any interest in any manner whatever in said con¬ 
tract. 

Answer. There was no such agreement or understanding or expecta¬ 
tion of any kind whatsoever, then or afterwards. 

Question. State what further connection said Edward P. Smith had 
with this transaction, if any. 

Answer. Some weeks afterwards, being at Washington on other busi¬ 
ness, I was recpiested, by letter, by said B. F. Simmons, to present a 
copy of the before-mentioned contract either to the Secretary of the 
Interior or to the Commissioner of Indian Affairs for consideration with 
a view to its ai)proval. I accordingly called on Mr. E. P. Smith, who had 
become Commissioner of Indian Affairs, and conferred with him in 
regard to the contract. My recollection is that he did not read over 
the contract at that time, but said that he was convinced that it would 
be better to have an advertisement of the proposed sale in the news¬ 
papers and an open sale. I stated to him that Mr. Simmons was urgent 
for an approval of that contract, and that he, Simmons, claimed that the 
terms were better than could be obtained by public sale after adver¬ 
tisement. Mr. Smith replied that he had conferred with the Secretary 
of the Interior on the general subject of sales of jnne, and was positive 
that the better plan in Wisconsin would be an open sale. He said fur¬ 
ther, that if a contract of this before-mentioned kind should be approved 
by the Department, other parties interested in Wisconsin pine would 
probably interfere with its fulfillment and might possibl 3 " occasion loss 
and injury to the Indians, loss to tlie Government and to the contractor 
thereby. 

Question. State what you did with the copy of the contract above 
mentioned, and wliat became of the other i)apers in relation to the same. 

Answ er. 1 mailed a copy of the contract and such other i)apers as I 
had to said Simmons at Hartford, Conn. The contract having been 
thus virtually disapproved, I did not consider it necessary to place it on 
file, and returned it as I had been requested to do by said Simmons. 

Question. Had you ever know n Mr. Simmons previous to his handing 
you the letters of introduction above mentioned at Chicago? 

Answer. 1 thiidv I had casually met him at the house of the Bev. 
E. F. Williams, in Chicago, and possibly once or twice before. 

Question. State whether the conversation to which you have alluded 
was the first one you ever had with Mr. Simmons w ith reference to said 
contract. 

Answer. It was; and my only interview with him afterwards was at 
Washington, subsequent to the conversation with CommiSvSioner Smith 
above mentioned. He there repeated substantially what he had written, 
and I gave him in full Mr. Smith’s statements to me, and recommended 
to him, Simmous, to watch for any advertisement and take advantage 
of a public sale to purchase the pine he wanted. 

Question. State w hether at any time you have had any knowledge or 
suspicion that there was any understanding or expectation that any 
official connected with the Indian service or the Interior Department 
W’as to have any interest, directly or indirectly, in the contract above 
mentioned. 


134 


Answer. I have never had any such knowledge or suspicion, nor 
ground for suspicion, of anything of the kind. 

Question. If you know of any other matter material to the subject 
under investigation, state it fully and particularly. 

Answer. Nothing further occurs to me. 

C. H. HOWAED. 

Subscribed aud sworn to before me this 19tb day of December, 1873, 

[SEAL.] JOHN A. OWEN, 

Notary Public. 

Edward F. Williams, being duly sworn, testified as follows: 

Question 1. State your name, age, residence, and occupation. 

Answer. Edward F. Williams; fully 21; residence Chicago, corner 
of Forty-seventh street and Drexel Boulevard. Pastor of Forty-seventh 
street Congregational church. 

Question 2. Are you acquainted with Eev. Edward P. Smith, now 
Commissioner of Indian Alfiairs ; if so, how long have you known him T 

Answer. I am. I have known him for ten years, more or less. 

Question 3. Are you acquainted with B. F. Simmons, of Hartford,. 
Conn. ? 

Answer. I do not know such a man, but I do know B. A. Simmons. 
He is of Hartford, Conn. 

Question 4. State what you know in reference to a negotiation which 
took place in or about the month of March, 1873, between said Sim¬ 
mons and Mr. Edw ard P. Smith in reference to the sale of certain pine 
timber or stumpage in the State of Wisconsin. 

Answer. As I understand it, Mr. Smith had nothing to do with it 
whatever. If the contract had been carried out it would have i)robably 
come into his hands at the proper stage, when he w^as Commissioner. 
At this time Mr. Smith had not been confirmed or had not yet qualified 
as Commissioner. As Indian agent at White Earth, he could do noth¬ 
ing in this matter, and the only reason of our talking with him was 
that we might be sure that we were doing Indians no injustice ; were 
keeping clear of all Indian rings, and were proceeding strictly accord¬ 
ing to law. When all })arties came to know the condition of S.. 
N. Clark Indian agent in Wisconsin, with whom the contract was made 
and by whom it was signed, action upon it was stopped and the papers 
were withdrawn. Mr. Simmons was not willing to be party to any 
transaction that might have the appearance of wrong. Mr. Simmons 
was informed that Agent Clark had become very intemperate and there¬ 
fore could not be entirely trusted, and for that reason he was unwilling 
to press his contract. For this same reason Mr. Smith told me that he 
thought the Government would not be justified in apiiroving any con¬ 
tract made by Clark, however favorable to the Indians or liberal in its 
terms. 

Question 5. State whether you formed any opinion whether the pro¬ 
posed sale was a fair one for the Indians; and if so, state upon what 
facts or information it was based. 

Answer. I thought it was eminently fair. My opinion was based upon 
reports made by Mr. Simmons as to the value of the timber. I thought 
he proposed to pay a fair equivalent for the timber, and in such install¬ 
ments as would be of great advantage to the Indians, and I think so 
still. 

Question 6. State the substance of all the conversation which took 


135 


place between yourself and A^ent Smith at Chicago, or at any other 
time or place in reference to this contract. 

Answer. I have done it already in answer to fourth question. 

(^)uestion 7. Had you any knowledge at the time as to whetjier any 
parties other than Mr. Simmons were to be interested in this contract ? 

Answer. There were no other parties than Mr. Simmons to be inter¬ 
ested in this contract. His aim was to keep clear of all Indian rings. 

Question 8. State whether there was any agreement or understand¬ 
ing or expectation, directly or indirectly, that you or the said Edward 
r. Smith were to have any interest in any manner whatever in said 
contract. 

Answer. There was none. 

Question 0. State the substance of all the conversation you had with 
Simmons in reference to this contract. 

Answer. I cannot do it. I cannot state all a man said who was at 
my house three weeks. The substance was this, that a certain piece of 
land had on it so much timber, and was worth so much money ; this he 
proposed to give just as any other man proposes to buy any piece of 
land or timber. 

Question 10. State whether, at any time, you have had any knowledge 
or suspicion that there was any understanding or expectation that any 
official connected with the Indian service or the Interior Department, 
was to have any interest, directly or indirectly, in the contract above 
mentioned. 

Answer. Xo, sir. 

Question 11. If you know of any other matter material to the subject 
under investigation, state it fully and particularly. 

Answer. I know of nothing further, and do not recognize the right 
of the commission to ask me the question. I have perfect confi- 
clence in the integrity of Edward 1\ Smith, and know tliat the charges 
brought against him by Mr. AYelsh, of Philadelphia, are false; and I know 
that B. A. Simmons is an honorable man, and that his integrity is un¬ 
impeachable. I am persuaded that the Indian ring, finding that their 
ends could not be accomplished if Mr. Smith were continued commis¬ 
sioner, have gone to work in an underhanded way to secure his removal, 
and are using Mr. Welsh as their tool. The whole nature of the trans¬ 
actions in what they claim as fraud was honorable in every respect, and 
that charges should be brought against us argues terrible iniquity some¬ 
where. 

EDWAKD F. WILLIA:MS. 

Subscribed and sworn to before me this 22d day of December, 1873. 

JOHN A. OWEN, 

Xotary PiihUc. 


State of Illinois, 

Cook County, ss : 

I, John A. Owen, a notary public in and for the county of Cook and 
State of Illinois, do hereby certify that previous to the commencement 
of the examination of the said witnesses, Charles II. lloward and Ed¬ 
ward F. Williams, they were each duly sworn by me true and full an¬ 
swers to make to such’interrogatories as should be propounded to them, 
and each of them, in relation to the matters specified in the caption to 
tlieir depositions herewith inclosed; that said depositions were taken 
at my office at No. 185 Washington street, in the city of Chicago, in 
the county and State aforesaid, upon the Ihth and 22d days of Decern- 


136 


ber, A. D. 1873; that after said depositions were read over to said wit¬ 
nesses, respectively, the same were signed by each of them, as appears 
herein. 

[SEAL.] JOHi7 A. OWEN, 

Xotary Public. 


District of Columbia, 

City and County of ]YasMngtonj ss : 

In tbe matter before the commissioners appointed by the Secretary of 
the Interior to investigate certain charges against Edward P. Smith, 
late Indian Agent, and now Commissioner of Indian Affairs, pre¬ 
ferred by William Welsh. 

Personally appeared Edward P. Smith, who, being by me ffrst duly 
sworn, further deposes and says: 

Question by the commission. Mr. Smith, it is claimed by Mr. Welsh 
that one Lorin Fletcher was paid by Fred. P. Clarke, of Minneapolis, 
Minn., twelve hundred dollars, or some other sum, to use his influence 
with you to give Clarke a contract, at $1.35, for the White Oak Point or 
Mississippi timber. Please state the facts within your knowledge re¬ 
lating to this matter; whether Fletcher had or attempted to execute 
any such influence; and whether you have had any interview with 
Fletcher, or conversaticu with him relative thereto. State the facts 

fully. 

Answer. My recollection of what occurred at the letting of the contract 
to F. P. Clarke is not definite. When I returned from lied Lake to the 
agency post, the time for which proposals had been asked, I found Mr. 
Fletcher and Mr. Clarke waiting for me. Mr. Fletcher had come on 
business relating to payments due him; and also, if I remember correctly, 
brought one or two bids from some parties in Minneapolis. Of this, how¬ 
ever, I am not certain. He, Fletcher, told me he had put in no bid for the 
pine, and did not want it. I sawhimtalkingwith Clarke, and supposed that 
he was acquainted with Clarke’s iiroposition, and inferred that he would 
like to have Clarke receive the bid; but it was only by inference. Clarke’s 
bid was the highest, and for that reason, and no other, the contract was 
let to him. It was not so high a i>rice as I was expecting to get for the 
pine, and I declined completing the contract until I had received a cer¬ 
tificate from a large number of the heaviest pine dealers in the State 
that it was sold at a fair price. I had no knowledge, whatever, of any 
arrangement between Mr. Fletcher and Mr. Clarke, and Mr. Fletcher had 
no influence, whatever, over me in procuring this contract for Clarke. 
He received it only because he was the highest bidder, and would 
have received it, so far as I know, equally the same if Mr. Fletcher had 
not been there. Since Clarke’s statement, published in a Saint Paul 
paper, that he paid Fletcher twelve hundred dollars for his influence in 
l)rocuring that contract, I hav^e met Mr. Fletcher and asked him what 
it meant. He told me that Clarke’s statement was not true, and admit¬ 
ted that Clarke did pay him twelve hundred dollars on his agreeing not 
to put in a bid for that pine, and for that consideration alone. Mr. 
Fletcher’s statement to me is all the knowledge I have on that subject. 
And further deponent saith not. 


EDW. P. SMITH. 



137 


District of Columbia, 

City and County of Washington^ ss : 

I, Johu D. Thompson, a notary public in and for the District of 
Columbia, herebj" certify that the above and foregoing testimony of 
Edward P. Smith was taken before me upon a written interrogatory of 
the commission appointed by the Secretary of the Interior to investi¬ 
gate certain charges against Edward P. Smith, late Indian agent, &c., 
«S:c., preferred by AVilliam Welsh ; that before making answer, the said 
Edward P. Smith was by me duly sworn to tell the truth, the whole 
truth, and nothing but the truth, in all matters before said commission; 
that said interrogatory and answer was by me reduced to writing, and 
that the same was signed by the said Edward P. Smith in my presence. 

In testimony whereof, I have hereunto set my hand and notarial seal 
this 31st day of January, A. D. 1874. 

[SEAL.] JOHN B. THOMPSOX, 

Notary Public, 


Deposition of a witness taken to be used in a matter pending before a 
commission appointed by the Secretary of the Interior of the (Jiiited 
States, to investigate certain charges against Edward P. Smith, for¬ 
merly Indian agent at White Earth, Minnesota, and npw Commissioner 
ot Indian Attairs, at the otlice of Geo. S. Peters, a notary public in 
the city of Columbus, Ohio, on the 20th day of January, "a. D. 1874. 

S. X. Clark, of Columbus, Ohio, of lawful age, being tirst duly 
sworn by me, as herinafter certilied, testifies as follows: 

^ Question 1 . By Judge Jones. State your name, age, residence, and 

occupation. 

Answer. My name is Selden X. Clark ; I am thirty years of age, and 
reside in Columbus, Ohio; and by occupation was late United States 
Indian agent for the agency of Lake Superior. 

Question 2. Have you read the charges preferred by William Welsh 
against Edward P. Smith? and if so, state whether you know of any¬ 
thing wrong in the conduct of Mr. Smith in relation to the transactions 
referred to; and if so, state particulars. 

Answer. I have read the charges to which you refer, and I know of 
nothing wrong in the conduct of ^Ir. Smith in relation to the transac¬ 
tions referred to. 

Question 3. State what you know, if anything, of ]\Ir. Smith endeav¬ 
oring to stoi> the completion of the “Bust contract,^’ and if he did, 
what was his purpose or motive so far as you know ? 

Answer. I know nothing about it; I believe his purpose to have been 
to secure a higher t)rice. 

Question 4. Was there any conspiracy entered into between Mr. 
Smith, Gen. C. II. Howard, and Kev. Mr. Williams, of Chicago, and 
yourself, or by any of these parties, to procure a fraudulent sale of pine 
timber in Wisconsin, belonging to the Indians, to one Simmons, of 
Connecticut ? 

Answer. Xever, to my knowledge. 

Question 5. Do you know of anything improper in. the conduct of 
Smith in relation to the matter stated in the last question ? and if so, 
state particulars. 
xVnswer. Xo. 


SELDEX X. CLARK. 



138 


I, Geo. S. Peters, a notary public of tlie State of Ohio in and for the 
county of Franklin, do hereby certify that the above-named Selden N. 
Clark was by me first duly sworn to testify the truth, the whole truth, 
and nothing but the truth; that the foregoing deposition, b}" him sub¬ 
scribed, w^as reduced to writing by me, and by said witness subscribed 
in my presence, and was taken at my office in the city of Columbus, 
Ohio, 47J South High street, as stated in the caption; that I am not a 
relative or attorney of either party, or otherwise interested in the event 
of this proceeding. 

In testimony whereof witness my hand and official seal this 2Gth day 
of January, A. H. 1874. 

[SEAL.] GEO. S. PETEES, 

Notary Fublit. 


H. 

The Wilder Contract. 

This agreement, made and entered into at the city of Washington, 
District of Columbia, this eighth day of I^Tovember, in the year of our 
Lord one thousand eight hundred and seventy-two, between Edward 
P. Smith, United States Indian agent, representing the United States, 
party of the first part, and Amherst II. Wilder, of Minnesota, party of 
the second iiart, witnesseth : 

That the party of the first part, for and on behalf of the United States 
of America, and the said party of the second part, his heirs, assigns, 
executors, and administrators, have mutually agreed, and by these 
presents do mutually covenant and agree, to and with each other as 
follows: 

The said party of the first part hereby grants, bargains, and sells to 
the said party of the second part all the pine and cedar timber standing 
on the Indian reservation in the State of Minnesota, known as the 
“ Leech Lake ’’ Indian reservation, [being the reservation provided for 
in the second paragraph of the second article of the Chippewa treaty 
of February 22, 1855, (Stats, at Large, vol. 10, p. 1166,) for the Pilla¬ 
ger and Lake Winnebagoshish bands of Chippewa Indians; by the sec¬ 
ond article of the treaty of May 7,1864, (Stats, at Large, vol. 13, p. 693,) 
and by the first article of the treaty of March 19, 1867, (Stats, at Large, 
vol. 15, p. 719,)] which may be within four miles from any stream navi¬ 
gable for driving logs, upon the terms following, viz: 

The said party of the Second part agrees to pay for all the pine and 
cedar timber on the reservation above mentioned within the limits men¬ 
tioned, at the rate of one dollar and fifteen cents per thousand feet, in 
the manner following, to wit: It is agreed between the parties hereto 
that a survey of said timber, sold by the terms of this agreement, shall 
be made at as early a day as practicable, in the usual manner, by three 
persons, one of whom shall be the United States Indian agent, one to 
be designated by the Commissioner of Indian Affairs, and one by the 
said Wilder, the party of the second part hereto, the latter two to be ex¬ 
perts, such survey to be subject to the approval of the Commissioner of 
Indian Affairs; and when such survey shall have been completed to the 
satisfaction of said Commissioner, due notice in writing of the amount 
of timber estimated by such approved survey shall be given tosaidi)arty 
of the second part by the party of the first part, or his successor in 



oftice ; and it is agreed that on the first day of ^lay, eighteen hundred 
and seventy-three, the said party of tlie second part shall pay to the 
party of the first part, or his successors in oftice, (representing the United 
States,) in cash, the sum of ten thousand dollars ; and that on the first 
day of August, A. D. one thousand eight hundred and seventy-four, 
and on the first day of August of each and every year thereafter, and 
including the year A. D. one thousand eight hundred and eighty-three, 
the said party of the second part shall pay to the party of the first part, 
or to his successors in oftice, in cash, for the amount of logs which have, 
up to the first day of August in each year, respectively, been cut and 
driven, as the same shall appear by the certificate of the surveyor-general 
of logs for Minnesota, or his deputy for the proper district, at the rate 
of one dollar and fifteen cents per thousand feet, provided that payment 
shall always on the first day of August, of each and every of the years 
mentioned, be made of an amount equal to one-ten th of the whole value 
of the timber sold by the terms of this agreement, according to the ap¬ 
proved survey above provided for, estimated at the rate of one dollar 
and fifteen cents per thousand feet as aforesaid : Provided, That the ten 
thousand dollars to be paid on the first day of May, A. D. one thousand 
eight hundred and seventy-three, shall be regarded as a part of the pay¬ 
ment to be made on the first day of August, A. D. one thousand eight 
hundred and seventy-four, and shall be deducted therefrom : And pro¬ 
vided further, That if at the end of the ten years there shall remain any 
timber included within the sale embraced by this contract which shall 
not have been cut from the reserve prior to that time, the party of the 
second part shall have the further term of ten years, viz, until the year 
one thousand eight hundred and ninety-three, to cut and remove the 
same agreeably to the conditions and terms hereinafter named; and if 
at the end of the last ten years mentioned there shall remain any of the 
timber uncut within the limits embraced by the contract, then the same 
shall be paid for by the said party of the second part in accordance with 
a survey of the same, made by persons to be designated by the Secre¬ 
tary of the Interior: And provided further, That as the amount of pine 
and cedar timber involved in this agreement is not definitely known, 
but with general estimate that it will not greatly exceed two hundred 
millions of feet, and it is herein provided that if by the survey above 
agreed upon it shall be found that the above-mentioned reservation 
contains one hundred millions or more feet in excess of two hundred 
millions of feet, then the minimum amount of logs to be paid for each 
year until and including the year one thousand eight hundred and 
eighty-three, shall be one-tenth of two hundred and fifty millions, viz, 
twenty-five millions per j^ear, and for the remaining term of years up to 
the last payment contemplated by this contract, the minimum amount 
of logs to be paid for annually shall be one-tenth of this excess of logs 
over and above two hundred and fifty millions, as determined by the 
survey above provided, and that the last payment herein provided for 
shall cover all the pine included within this contract then remaining 
upon the aforesaid reservation, and not having been already paid for. 

It is hereby agreed that this contract shall embrace all the merchant¬ 
able pine and cedar timber within the limits of the said reservation as 
above described, which will make merchantable saw-logs*, but that the 
said party of the second part shall not be obliged to cut or pay for, 
under the terms of this contract, unsound trees, nor for trees of less 
diameter at the top of twenty-five feet from the ground than fourteen 
inches. 

The said party of the first part also grants to the said party of the 


140 


second part the privilege of entering upon the said Leech Lake reser¬ 
vation as soon as he sees proper hereafter, with such men and animals 
as he may employ, and grants the right to cut logs for the erection of 
houses and for fuel, as may be necessary in the execution of this con¬ 
tract ; and also the right to cut grass for hay within the limits above 
described. 

And the said party of the second p^rt agrees to pay at the rate of 
one dollar per ton for all the hay which he may make from grass cut 
on said lands, payable annually at the time said timber hereby con¬ 
tracted for is paid; and it is further agreed hereby that the party of 
the second j^art shall cause to be marked with a distinctive mark, in such 
manner as the Commissioner of Indian Affairs shall direct, all logs cut 
from different and distinct parts of said reserve, so that the quantities 
cut from the different parts can be comimted for the use of the Indian 
Bureau. 

And it is further agreed that if any trespasses or depredations shall 
be committed by any of the Indians on said reservation, or belonging 
thereto, upon anj^ of the property belonging to said party of the second 
part on said reservation while engaged in the execution of this contract, 
the damages ensuing from such depredations shall be estimated by a 
commission composed of the United States Indian agent, one person 
selected by him, and one person designated by the said party of the 
second part; and the amount reported by such commission shall be 
deducted from the next ensuing i^ayment for timber to be made by the 
party of the second part in accordance with this contract, reserving to 
the United States agent to take from the limits embraced by this con¬ 
tract for the use of the agency all timber deemed necessary by him 
until the termination of the contract; hereby also reserving to the party 
of the first part, on behalf of the United States, the right to terminate 
and declare this contract and all action thereunder at an end whenever 
he sees proper, upon the failure of the party of the second part to per¬ 
form any of the obligations thereof. 

In testimony whereof the parties hereto have set their hands and 
seals on the day and year first above written. 

EDWD. P. SMITH, [seal.] 

United States Indian Agent, representing the United States, 

Party of the first part. 

AMHERST H. WILDER, [seal.] 
Party of the second part. 

Signed, vsealed, and delivered in presence of— 

W. R. Irwin. 

H. R. Glum. 


Bond. 


City of Wasiiinoton, 

District of Columhia^ ss: 

Know all men by these presents, that we, Amherst H. Wilder, of 
Saint Paul, Minnesota, as principal, and John J. Knox and Samuel S. 
Smoot, of Washington, District of Columbia, as sureties, are held and 
firmly bound unto the United States of America in the sum of fifty 
thousand dollars, lawful money of the United States, for which pay¬ 
ment well and truly to be made, we, jointly and severally, bind our* 
selves and each of our heirs, executors, and administrators, firmly by 


141 


these presents, sealed with our seals and dated this eighth day of No¬ 
vember, 1872. 

The condition of this obligation is such, that if the said Amherst H. 
Wilder, his lieirs, executors, or administrators, shall do and perform 
well and truly all and singular the covenants, conditions, and agree¬ 
ments whatsoever, which are comprised or mentioned in certain articles 
of agreement or contract, bearing date the eighth day of November, 
1872, between Edward P. Smith, United States Indian agent, acting 
for and on behalf of the United States, and the said Amherst II. Wilder, 
concerning the sale of pine and cedar timber on the reservation known 
as the Leech Lake Indian reservation, in the State of Minnesota, more 
particularly described in said articles of agreement or contract, accord¬ 
ing to the true intent and meaning thereof, then this obligation to be 
null and void, otherwise to remain in full force and virtue. 

In testimony wdiereof we have hereunto set our hands and seals on 
this eighth day of November, A.D. 1872 


AMHERST H. WILDER. 
JNO. JAY KNOX. 

SAML. S. S:\tOOT. 


SEAL. 

SEAL. 

SEAL. 


Signed, sealed, and delivered in presence of— 

F. A. SlMKINS. 

Ch. H. Winder. 

District of Columbia, to ivit: 

I, John J. Knox, one of the above-named sureties, make oath that I 
am worth ten thousand dollars over and above all liabilities. 

November 8, 1872. 

JOHN JAY KNOX. 

Sworn and subscribed before me the day and year aforesaid. 

R. J. MEIGS, 

Cleric of the Supreme Court of the District of Columbia. 
District of Columbia, to icit: 

I, Samuel S. Smoot, one of the above-named sureties, make oath that 
I am worth forty thousand dollars over and above all liabilities. 
November 8, 1872. 

’ SAML. S. S:\IOOT. 

Sworn and subscribed before me tbe day and year aforesaid. 

JOllX II. JOUHSOM, [SEAL.] 
Justice of the Peace. 

November 8, 1872. 

I, George P. Fisher, attorney of the United States for the District 
of Columbia, do hereby certify that John Jay Knox and Samuel S. 
Smoot, the sureties to the foregoing bond, are good and suhicient for the 

penalty thereof. GEO. P. FISHER, 

Attornexj United States District Court. 

Department of the Interior, 

Office of Indian Affairs, November 9, 1872. 

The within contract is approved. 

F. A. WALKER, 

Commissioner. 


Approved. 


B. R. COWEN, 

Acting Secretary. 




142 

I. 


New Haven, Conn., November 13, 1873. 

Dear General : My earlier reply to your letter has been prevented 
by two engagements of an exacting nature, which I could not postpone. 
At your request I will state freely my recollection as regards the con¬ 
clusion of the Leech Lake pine contract, subject, of course, to correction 
by maps and memoranda not now at hand. 

The incidents of the transaction, as well as the order of incidents, 
stand somewhat differently in my mind from the relation of them in 
your letter, but I do not see that the differences are material to the 
question of the integrity of late Agent, now Commissioner, Smith. 

The history of the affair, as I recall it, is as follows : 

The Indian agent for the Chippewas of Minnesota, with the approval 
of the Department, offered for sale a body of pine timber, situated im¬ 
mediately at the debouche of one of the two streams passing through 
the Leech Lake reservation. The information in possession of the Indian 
Office showed the situation of this body of timber to be highly eligi¬ 
ble, the facilities for “ driving” the logs being all that could be desired. 
For this timber the only bids that were taken into account were two; one 
by, I think, Clarke, at $1.35 per thousand, the other by Wilder, at $1.60. 
Wilder being considered a responsible party, the Indian Office had no 
hesitation in recommending that his bid be accepted in i:)reference to 
that of Clarke. Before, however, the contract was entered into between 
the agent and Wilder, the latter appeared at Washington, and expressed 
to me, as Commissioner of Indian Affairs, his reluctance to make good 
his bid unless the Department would give some assurance that other 
parties would not be let in to cut timber on the stream behind him, thus 
injuring his market, and possibly interfering with his laboring force. 
I informed Mr. Wilder that the Department could give no such assur¬ 
ance ; that the same reason which made it desirable to sell one portion 
of the timber of the Leech Lake Indians might require the sale of other 
portions j and that the Department would hold itself free to act in the 
premises from time to time as the interests of the Indians required. 
Thereupon Mr. Wilder requested permission to submit a proposition for 
the cutting of substantially all the timber on the reservation, the work 
and the payments to be extended over a considerably longer time than 
had been stipulated in the bid for the portion first offered for sale. My 
impression is that Mr. Wilder requested me to consult with you as 
Acting Secretary of the Interior in regard to this last proposition, and 
that I did so at the time. If so, no conclusion was reached in the mat¬ 
ter, nor was my mind much disposed to favor such an extension of the 
original plan, until Mr. Smith, then agent for these Indians, now Com¬ 
missioner of Indian Affairs, being at the time in Washington, repre¬ 
sented to the Office in very strong terms the inadequacy of the provision 
that would be effected by the sale of the timber first offered, and the 
necessity of doing something more to relieve the Leech Lake Indians 
from the miserable condition of vagabondage, and almost of starvation, 
in which they then were. 

Mr. Smith’s representations to the Office, as I remember them quite 
distinctly, may be summarized as follows : 

First. That the sum realized from the sale of the body of timber first 
mentioned would be entirely inadequate to the extensive improvements 
which would be necessary to place these Indians in a condition of indus¬ 
trial self-support; that they had at present no land fit for cultivation j 
that other land on their reservation must be cleared and broken, stock and 


143 


agricultural im[)lcineiits i)urcliase(l to a considerable extent, and that 
all this was not to be done with the maximum amount which could be 
expected to be realized from the sale first contemplated. 

Second. That nothing could be imufediately realized from the trans¬ 
action, while the necessities of the Indians were immediate and urgent. 

Third. That the Leech Lake Indians were in a most miserable condi¬ 
tion of sufiering, and, being naturally turbulent, were an object of ter¬ 
ror to the settlements. 

The above representations of Agent Smith, in regard to the condition 
and wants of the Indians, were confirmed by abundant information 
from other sources in possession of the Office, the turbulence of these 
Indians having proceeded to sucli a point during the year previous as to 
require the military to be marched to hold them in check. The ques¬ 
tion submitted by Agent Smith seemed, in eftect, to be whether the In¬ 
dians should be permitted to starve in possession of a valuable prop¬ 
erty which they could not use, or whether that property should be jnit 
into a form which would allow them to achieve their own self-support. 
To obtain from Congress a gratuitous appropriation for the support of 
these Indians, I considered entirely impracticable, even had it been a 
proper thing to request, at that late date, and in view of the large ap¬ 
propriation already made for the Indian service, and especially for other 
bands of the Ghippewas of ^Minnesota. Whether Agent Smith submit¬ 
ted these considerations respecting the Leech Lake Indians to me sep¬ 
arately, or presented them for the first time at the conference held be¬ 
tween you and myself, on the subject, I cannot positively say, though 
such is my strong impression. Certain 1 am, however, that it was 
this view of the case as presented by Mr. Smith which determined me 
to recommend that the l)epartment entertain Mr. AVilder’s proposition 
for the entire body of the Leech Lake timber, and accept the same on 
two conditions : first, that a fair i)rice could be obtained for the whole ; 
second, that Air. Wilder would make payment in advance of a consid- 
able sum (1 think 8o0,000 was the sum mentioned) to enable the agri¬ 
cultural improvements to be commenced with the opening of spring. 
Upon the question in this form, the consultation between you. Air. 
Smith, and myself was free and informal, and an afiirmative decision 
was reached, to the entire satisfaction of all the parties to the confer¬ 
ence. 

In my accession to this result, I do not hesitate to say that I was 
very largely inlluenced by the high reputation which Air. Smith had 
sustained as an Indian agent, unsurpassed by that of any officer in that 
branch of the service, and by the confidence which I had acquired 
through consultation and correspondence with him, in his good judg¬ 
ment and practical wisdom as well as in his official integrity. I have, 
of course, never intended to place myself in the hands of any ofticial 
subordinate, to the extent of accepting his recommendations, without 
the exercise of my own independent judgment; yet for the fiicts of this 
case I was necessarily obliged to rely upon the representations and re¬ 
ports of the agent, confirmed as they were by all information obtained 
from other sources. I have still no doubt that it was for the interests 
of the Government and the Indians alike that the Leech Lake timber 
should be sold at a fair price. 

In regard to the price to be paid, I can only sa^^ that I believed, and 
still believe, that 81.15 per thousand for the whole body of the timber 
was as good a price as 81.00 for the comparatively small portion first 
olfered; certainly a very much better imce than 81.35, the highest bid 
besides Wilder’s for that portion of the timber. The greater portion of 


144 


the remaiiiiug timber on the reservation was situated far less advan¬ 
tageously for ‘‘driving” the logs, having to pass through a lake which 
is all frozen on the first approach of winter, so that they cannot be got 
out until the second year. The amount which Mr. Wilder was required 
to deposit in advance to the order of the Indian Office, and the sub¬ 
stantial bonds required from him for the proper completion of his con¬ 
tract, were far more than sufficient to cover the highest estimated value 
of the first-offered timber, for which Mr. Wilder himself had bid $1.60, 
and no other party more than $1.35, so that it was entirely impossible 
that Mr. Wilder should cut this timber first, and then refuse to execute 
the rest of the contract at the average price. 

Here, again, in the matter of a fair price for the whole body of the 
timber, I had a reasonable reference to the judgment of Agent Smith, 
who stated that he was fully conversant with its location, and deemed 
the sum named to be reasonable and adequate. 

In the course of the transaction and the conferences which preceded 
it, I know that I was actuated by consideration only of the interests of 
the Indians and the Government j and I fully believe that the same 
motives alone actuated yourself as Acting Secretary of the Interior, and 
Mr. Smith, as agent for the Indians. If the contract was an improper 
one, which I have no more reason now than I had then to suppose, we 
are all responsible therefor, each in his own place and degree, you and 
I for giving undue weight to the representations of the agent, the agent 
for making representations which, if false, he must have known to be 
false. 

This is the way the matter stands in my mind, and I am quite ready 
to meet my own responsibility in the premises. I did accede to the re¬ 
sult, under the circumstances, and for the reasons stated, and I have 
yet to be convinced that my action was erroneous. What information 
the Department may have subsequently received going to the propriety 
or impropriety of this contract, I do not know, as I have had neither 
time nor opportunity to keep myself posted on current Indian affairs 
since my retirement. 

I have always believed, and still believe, Mr. Smith to be an honest, 
conscientious, and capable public officer. So believing, I was glad, as 
Commissioner of Indian Affairs, to have him for a subordinate. So be¬ 
lieving, I shall, as a private citizen, cheerfully lend him the support of 
my voice. 

Very truly yours. 


FRANCIS A. WALKER. 


Gen. B. R. Cowen, 

Assistant Secretary Interior^ Washington. 


In the matter of the charges against Edward P. Smith, late United 
States agent for the Chippewa Indians of Minnesota : 


State of Connecticut, 

County of Xeic EaveHy ss: 

Francis A. Walker being duly sworn, deposes and says that he form¬ 
erly held the position of Commissioner of Indian Affairs for the United 
States 5 that he dictated and caused to be written the foregoing letter, 
purporting to be addressed to Gen. B. R. Cowen, Assistant Secretary 
of the Interior, Washington, under date of New Haven, Connecticut, 
November 13, 1873 ; that he signed the same with full and precise 
knowledge of its contents; that the statements therein contained were 
true to the best of his knowledge and belief at that time. 


145 


And tlie said deponent t'urtlier deposes and says that at tlie time of 
the negotiation of the sale of timber to A. H. Wilder, referred to in the 
hdter aforesaid to the said Cowen, he had not, to the best of his knowl¬ 
edge and belief, ever heard that the Indians at Oak Point had refused 
to ratify the contract with one Clarke, referred to in the foregoing letter. 

And further the said deponent saith not. 

FPANCIS A. WALKEP. 

State of Connecticut, 

ILaven^ County of New Haven: 

On this liSth day of January, A. D. 1874, ])ersoiially appeared before 
me Francis A. Walker, who subscribed the annexed deposition and 
made oath to the truth of the same. 

In testimony whereof I have hereunto set my hand and the seal of 
the superior court of the State of Connecticut, the day and year above 
written. 

AKTUUPv D. OSBOPNE, 

Clerk of the Superior Court for Nviv Haven County^ in Connecticut. 


LETTER FROM ATTORNEYS FOR THE PROSECUTION. 

To the Hon. Nelson J. Turney., William R. JennRigs, James Smith, jr., 
and T. C. Jones., commissioners appointed to investigate charges made 
agaimt Edward P. Smith, late agent of the Chippewa Indians of Mni- 
ne.sota : 

Gentlemen: Since informing you that we should prepare and pre¬ 
sent charges and specifications against Edward P. Smith, touching his 
official action as Indian agent in Minnesota, we have received and ex¬ 
amined various letters and documents which have been forwarded here 
by Mr. William Welsh, of the city of Philadelphia, for whom wea])pear 
as attorney’s, and have prepared such specifications as the information laid 
before us would seem to justify ; but many of the charges can oidy be sub¬ 
stantiated by the presence of witnesses who are scattered over, not only 
this State, but other States, and cannot be procured on the short notice 
given by you for the investigation. A number of parties have become 
interested in the Wilder, Merriam and llust contracts, and the united 
influence of such interested i)arties is brought to bear to sui)press the 
facts in connection with said contracts, and volunteer witnesses in sup- 
]>ort of the charges cannot be hoped for. There are many persons, as 
we have reason to believe,-in this and other States, who could give ma¬ 
terial testimony, but who will not do so, unless compelled by legal pro¬ 
cess. 

From many i)rudential considerations they are unwilling to come into 
collision with Commissioner Smith, the Indian Departimmt, and those 
interested parties who wish to uphold the contracts. We arc informed 
also, that some important papers in connection with this imiuiry have 
disappeared from the Indian Bureau at Washington, since iMr. Smith 
became Commissioner of Indian Afliiirs, and that the facts relating to 
the matter can only be shown by witnesses residing in the Eastern 
Stat(‘s. 

We have therefore been considering the authority by which you are 
appointed, and your powers to enforce the attendance of witnesses, to 
administ(‘r oaths, and compel the production of papers, &c., for without 
these powers the investigation can result in little more than farce; and 
we are surprised to find that you possess none of these very essential 
10 s 



146 


powers for this investigation. We hnd no authority for your appoint¬ 
ment to investigate the conduct of Commissioner Smith, except the gen¬ 
eral power that any bureau officer may possess to order an informal in¬ 
quiry into the conduct of one of his subordinates. You have no power 
to subpoena a witness, or in any way compel his attendance, or compel 
the production of a paper, or to administer an oath, or compel a witness 
to testify if present, or if testifying, to answer any question that he 
might not choose to answer. Under these circumstances you can gain 
no information except such as is volunteered. Mr. Welsh has informed 
us, since your appointment, that Secretary Delano himself admits that 
you have not any of these powers. We must, therefore, in view of the 
want of jurisdiction and the necessary powers on your part in the prem¬ 
ises, respectfully decline to appear before you in the matter. 

We may further remark, that from copies of letters and papers before 
us, we are of opinion that a thorough investigation by a commission 
clothed with these necessary i)owers, will reflect unfavorably upon the 
official conduct of Secretary Delano, from whom you hold your appoint¬ 
ment. 

Certain it is, that nothing but a commission authorized by law, and 
empowered to compel the attendance of witnesses and the production of 
papers, giving ample notice of the time of their meeting, can bring out 
the truth, or a semblance of it, in connection with the management of 
Indian affairs in this State and Wisconsin, under Agent Smith. Before 
such a commission we are at all times ready to apx)ear, and t>rosecute 
our charges. 

JNO. M. GILMAN, 

GEO. L. OTIS, 

Attorneys for Wm. Welsh and Harlan P. Hall. 

St. Paul, December 8, 1873. 


K. 

White Earth, Minn., 

October 25, 1872. 

Sir : Beferring to Office letter of September 18, respecting the con¬ 
tract for cutting pine belonging to the Mississippi Chippewas, and dis¬ 
approving the contract made with F. P. Clarke, and forwarding bid of 
A. H. Wilder, I have the honor to state that before the receipt of this 
communication, disapproving the contract with Mr. Clarke, 1 met the 
Mississippi Chippewas at White Oak Point in council, and learned from 
them, for the first time, that their second chief, Mah-je-nay-we-dung, 
who came to me last June as the representative of the band, delegated 
to request me to sell their pine in the manner that 1 thought most for 
their interests, was not acting under authority from the chiefs of the 
band. They repudiated any such commission, and he confessed that he 
had none. 

Under these circumstances I notified Mr. Clarke at once that my ne¬ 
gotiations with him were nullified by this want of authority from the 
Indians. I have also notified Mr. Wilder that I have no permission or 
request to sell their pine. 

Very respectfully, your obedient servant, 

ED. P. SMITU, 

United States Indian Aaent. 

lion. F. A. Walker, 

Commissioner Indian Ajfairs^ Washington, D. C. 

O 



R E O R T 


COMMISSION APPOINTED BY THE SECRETARY OF 

THE INTERIOR 


TO 


INVESTIGATE CERTAIN CHARGES AGAINST HON. E. P. SMITH, 
THE COMMISSIONER OF INDIAN AFFAIRS. 












1 04 W 





A 


I 


% 


•jr 








1 



4 











•** A 



<>. '«••' A<'" 




4? ^1^* r> 



• C.^ '^fv - 

<1-^^ ^ 

0'^^ ■j,*’ t'^^, 





^ • 



*° ^ 

_ <Lr 

^ *' 0 I* o ^ 

, ^^ • • • 'c> 


„ p 


r ♦ 4P * 

4 fiy V ^ 



; -n^^ ; 

V *-’V..., ^^' 






c.^ ^r. - 

0 ,®Ji;!^ ♦ ^ ^ %*^' * * '^¥t* aO^ 6 ® * • ♦ „t t » ^ 










; V' : 

’'* *. 

. *^’’*’V'* -'^’>\#‘ "o,'‘■rrr*’\iO 

s'. ^ aO ■•ii.lL'. 






** ** 


\V>^. 

_ ,♦ 4^ •; 

• • * 







* c,^'^ ^ 

♦ ap '{x » 

^ fr 



■* . 

♦ f\ p' 

^ ^ • ,p o 



V^ ^9' 

• 4 ^"\ “«^.* ./■% 


Xa -p,.- -o. /V <> '^ 

’ \ (p^ -'J^' ®o ^*4-'^ .•:^‘, 

-6 ' . .. *^f{r/Z^^ '3r. 


'^o-^ 





A* •. ^ *'’^ ^ A-?r ^TTp* 






** •^rt, ^ ♦ 




« O 


•* 0^ .-v*^ • 

f0‘ .Li*». V4'- .i-.. <?. 



^ '0‘K * % 








' ''l^ -}' 

% ■V.4'^- 

°' V^ 


4<^ , V • # ^ 

•» * ♦ 



' ** 

_A • Lt5ff • . ’ ^ :^^J 1^^ • ^ ^ • 

♦ ^ ^ ^ ® <L^ ^ * \0»?% * 

r\ 2^<Z/JP^ ^ r\ ^^uvwS> \ Cy ^ « <yyy/n]^ ^ ^ ^ 

”'. % x- 4 .'’ .!ii^>^. ^ v' .I'o- %■, «'^ •••- 

'• :*^fe’- •*' 

J^Z% "WwS J’'^'\, \ 

' ‘S' i*. ^’?^ *"“* *'*^^'a<^ ■<* '••'•* .0’ 






• 

« a\V'^^ ^ « .CjaA 



: .‘ 

»’* *' 

.* ^❖'"V »^W* 

' °o ,.1^*. ^ ,0 -"o^ siP\‘'^‘', 

* 4 N ^ ^tFnTfA^^ ^ 

■ ■^oV^ ^>W/^. 


‘ • 4 





"... 

% O 

^V .e »- ^**0^ 




' • • * a\ - 

4 ^ , i * • , 

/ 


®# cv. 4 O *• ci' «o^ 4* * * 'a 4 



• ♦ 


* vP * 

,♦ y > “yji>™4* -v ^ ‘.^is^* V %■ * 

-f* C®^ °o %> 







'O . * ♦ 46 ^ 



.0^ 4^ -^4 ’•o»’^*' .0^ 

-Or » ®JL.* ♦ ^O 4 ♦ ' * * ♦ ^ ft ® • • ♦ ^ A^' 4 • ' * • 

V • O *1^ * Tr« C • O «3^ 4 * 

‘'o ‘^.’*^0® \.'>^’‘.^■^*' %*'»...- 

®-» aO^ V ft • • ^c' *0^ •.!4!f^'ft '^> ^ 

*'*' '^<5'o ♦* /Sifc^* . A- /aVa* 4“*^ Vi- 



*® ^ A^»^ *^T7r®’ A <4 'O.ft 

A^^ 4 • ‘ ' • ♦ ^ 4 . 0 r ft ® ■ • ♦ Ay • ‘ • ft ^ 


♦ o 

% 4^ 

•»bv^ ' 

^ *’ • I 1 • A® ® ft II 0 ® 4 ^^ 

cO^ *Jft!oLr® *1,*^- -j5 






ft # ■» 


]** .0^ 4 ^4 *0^ 

4^ 4 ^4* 




» ® 4^ ^4 "'o • ft 


ft aV*^ 

■v A ^ 

A* .•‘'*‘ 

>0' " 

A. ft'VUWNNS^ ' ftiT • 

^ ®..o® O ft,.,- .w « 




ft ftVcv */>iL® ft 

1 





'* ^ '•WSS' 4^''Ht. "o V. ^ 

** <y ^'*0 \ ^-t ''f.^-* o'*" t: 

•ft* . ‘' » 4 .oi^ , • • • 4 Vft' 4 • ‘' • ♦ ^ 0 ^ • • * •» 

4 ]”^ 4®4»-y7??5u ft 'w 0 ♦*f5^TS4fc^4 '-^ 4«1^ *at/t??^'* ^ 

ft ’’bv^ 4 ‘j^^»’ '^Ao^ « 




V4 -s^, > 4* 


O ^ ^ 

S .. *...• -4. '..- 4- ^%'-'\'^.-4 -O, 

ft* '*ft^S^i** 

ft 4 ^. ft m/w\> ft A> 


f♦ft;‘.f® A -o.ft® .0^ a\^ ^ 

4-^**ft ^4#. .0^ o!.:.!®. O, i-jT 

’ 4 !^ t - /y>i^ ^ ^ _ Cf •-r^vTV^^ O M 


'bV 







